BANDI PROSAD JAISWAL Vs. GANGAMONI CHAUDHURANI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of Clough J., dated September 1, 1948, made in favour of the Plaintiff.

(2.) The case concerned certain property facing Cornwallis Street in the city of Calcutta. In the year 1896, the property, which included Nos. 225, 225/1, 226, 227, 228 and 229, Cornwallis Street, belonged to Umesh Chandra Banerji, Satyadhan Banerji and Haridas Basak. The Banerjis held an undivided 7 annas share in the property, whereas Haridas Basak held the remaining 9 annas share. The property, which comprised land and buildings, formed a narrow strip about 312 feet in length and about 38 feet in depth, having its frontage on Cornwallis Street. At the back or the western portion of the premises there was certain land between the western boundary wall and a lane or street known as Mechuabazar Lane or Street.

(3.) In or about the year 1897, the co-sharers, who owned this property, agreed to partition the same by metes and bounds and arbitrators were appointed for that purpose. On September 20, 1897, the arbitrators made an award, which was accepted by the parties. In due course, the award was filed in Court and a decree was made in terms of it.