SUBODH GOPAL BOSE Vs. BROJENDRA KISHORE ROY

JUDGEMENT

(1.) The .52 acre of land for which the present litigation was started by the respondent more than 15 years ago lies in mouza Chandpur in the suburbs of Calcutta. While the greater portion of this mouza is included in a revenue paying estate, touzi No. 56 of the 24 Parganas Collaborate, lands included in several other touzis including touzi No. 6 of the 24 Parganas Collectorate also lie in this mouza. The lands of Touzi No. 6 that are included in this mouza are, according to the Thak Survey Map of the mouza, shown in seven chaks numbered therein as 5, 11, 19, 20, 22, 24 and 25.

(2.) The question that still remains for decision in the litigation is whether the land in dispute shown in C. S. map as plot No. 901 of mouza Chandpur is included in Touzi No. 6. The appellant before us having purchased Touzi No. 6 at a sale for arrears of revenue issued notice to annul the defendant's tenancy in this land on the averment that this land lay within that Touzi and brought the suit for declaration of his title and for recovery of possession.

(3.) The defendant set up a two-fold defence: (i) that the land in dispute was not included within Touzi No. 6; and (ii) that his interest was protected under the provisions of Section 37 of Act 11 of 1859, as it then stood.