SURENDRA KRISHNA ROY Vs. MIRZA MAHAMMAD SYED ALI MATWALI

JUDGEMENT

(1.) THIS appeal arises out of a suit brought on January 30, 1918, for declaration of title to and for possession of a parcel of land at Kidderpore now known as 18, Kaila Sarak Road. On the side of the plaintiff and on the side of the defendants there have been various devolutions of interest, to which, however, it is not now material to direct attention. The plaintiff's case was that in 1903 he purchased the lands in schedule Ka to the plaint from a Commissioner of Partition who was selling them under an order of the Court made in a partition suit having reference to the Bhukailash Raj estate. The property which he purchased was lakheraj and it is now admitted that the plaintiff has the title which he claims and that it covers the land in suit. The suit lands were at one time described as measuring about 1 1/2 bighas, but according to later measurements it would seem that they amount roughly to an acre, being about 2 bighas 13 cottas.

(2.) THE case for the plaintiff is that the defendants have no interest in these lands higher than a precarious tenancy interest terminable by fifteen days' notice. THE defendants on the other hand contend that they have a permanent tenancy right. THEy set up the case that in. 1830 a predecessor of the plaintiff granted to one Sobrati a mourasi mokarari kayemi patta, and that in 1856 Sobrati granted a dur-mourasi patta to Korban Ali Serang; that Korban Ali in 1912 transferred his rights to Anwar Miah and that Anwar Miah in 1914 sold to Elias Maurice the original defendant No.1. THE title of Maurice has pending suit become vested in certain persons of the name of Roy who are the appellants before the Board.

(3.) IN the High Court both learned Judges comment upon the suspicious appearance of exhibits B and C, and Mukerji J. refers to the shining ink and the thin pointed pen as particular matters of suspicion. On the whole, however, their Lordships do not think fit to proceed upon this ground.