RADHA KRISHNA DAS Vs. MATIYAR RAHAMAN

JUDGEMENT

(1.) The only question involved in the appeal is, what is the boundary line between the tenure of the plaintiff and that of the defendant. The tenures are situated side by side.

(2.) The Courts below have held that the plaintiff has failed to prove title and possession of the land.

(3.) On behalf of the appellant, reliance is placed on the case of Lukhi Narain Jagadeb V/s. Jadu Nath Deo 21 C 504 : 21 1. A. 39 : 6 Sar. P.C.J. 408 : 10 Ind. Dec. (N.S.) 966 (P. C) where it was held that "on questions of boundary, specially where the dividing line in dispute runs through waste lands which have not been the subject of definite possession, the rule as to the burden of proving the affirmative is not applicable. The litigants are in the position of counter claimants and both parties are bound to do what they can to aid the Court in ascertaining the true line".