KAILESWAR SINGH Vs. UPENDRA NATH KOYAL

JUDGEMENT

(1.) This is a second appeal from the judgment of the Additional District Judge, 24 Pargannas dated the 3rd of March, 1962 dismissing an appeal from the judgment of the learned Subordinate Judge, 4th Court, Alipore, who had decreed the suit declaring the plaintiffs title to the disputed property and declaring further that a patta dated the 8th August, 1940 granting a mourasi mokarari right was void.

(2.) Before we come to the facts it would be convenient to set out a genea logical table which is as follows:-- <FRM>JUDGEMENT_276_AIR(CAL)_1972Html1.htm</FRM>

(3.) Briefly the facts are that the premises No. 17 Jad'u Bhattacharya Lane, in Calcutta, consists of about 5 cottahs of land. Out of these 5 cottahs, on the 8th April, 1936, Narayan Lal leased out about 1 cottah to one Ramlagan. And Ramlagan on the 23rd October, 1940, sold his lease-hold rights to the defendant Kaileswar Singh.