Sinha, J. - (1.) This is an application for an order that the schedule to the plaint in the suit, and the consent decree dated 5-6-1939, and also of the agreement dated 1-12-1933, be corrected, and/or amended, by inserting the correct schedule as mentioned in para. 20 of the petition. There is also a prayer that the Registrar be directed to appoint a Surveyor to survey the premises No. 69/l, Cossipore Road, Calcutta, after amendment and that he should be further directed to execute the conveyance in accordance with the correct schedule.
(2.) The facts are briefly as follows:
(3.) The defendant Bon Behari Roy is the owner of certain plots of land situated on the Cossipore-Road. On or about 1-12-1933, Roy executed an agreement for sale in favour of one Chandrika Prasad Gupta, in respeet of the plots of land which had been described in the agreement for sale in the following matter: "All that piece and parcel of land (which is at present covered with water) measuring about 10 cottabs of land (be it a little mere or less) bearing Municipal No. 69/1,. Cossipore Road (Baranagore) in the suburbs of Calcutta,. Holding No. 84, Division I Sub-Division II butted and bounded by on the north by Sristhidhar Lane, on the south by Girindranath Mukherjee Road, on the west by Mussamat Birajini's land, and Radheba Tauchha Bibi's land, paying Government revenue Rs. 2/4/11 per year in respect of the whole premises Holding No. 84.";