R. C. MITTER
Dol Govinda Das – Appellant
Versus
Makbul Sekhs infant heir – Respondent
JUDGMENT
R.C. Mitter, J. - This appeal is on behalf of the plaintiff in a suit for recovery of arrears of rent with cesses and damages for the years 1334 to the Pous Kist of 1337 B.S. and also for enhancement of rent u/s 30 (b), Ben. Ten. Act. It is admitted that the plaintiff would be entitled to claim arrears of rent if he is able to prove that the Dar Putni interest under Touzi No. 1152 of the Murshidabad Collectorate, under which the tenancy is admittedly held, has vested in him. For the purpose of proving the purchase of the said Dar Putni interest, the plaintiff proved the certified copy of the conveyance dated 13th November 1929 by which he purchased the property. At the time when the certified copy of the conveyance was put in, no objection was taken to its going in. In fact, neither in the deposition nor in the list of documents admitted into evidence nor on the back of the document is there any note that the document was objected to. For the purpose of proving the conveyance the plaintiff examined a man of the name of Umesh Chandra Mandal, a Gomasta of the plaintiff's Koolgachi Kutchery who was an attesting witness to the original conveyance. In his examination-in-chief he
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