FAZLAR RAHIM Vs. NABENDRA KISHORE ROY

JUDGEMENT

(1.) This appeal arises out of a suit brought for the recovery of possession of certain lands claimed by the plaintiffs as appertaining to a mahal purchased by them at sale under the Bengal Land Revenue Sales Act of 1859. The plaintiffs having made this purchase proceeded to issue notices for the annulment of encumbrances under Section 37 of the said Act, and they were unsuccessful in obtaining possession of the land and had to institute the present suit. They rested their case mainly on the thakbust map of 1865. The defendants sat up the title of the owners of certain other shares in the mahal and relied on their part on certain chittas prepared by the Government in 1843-44 when the purgana was measured.

(2.) The Court of first instance gave preference to the chittas and dismissed the suit on the strength of the evidence afforded by them. The lower Appellate Court, on the other hand, has taken a contrary view, holding that the evidence of the thakbust map is superior to that of the chittas, and it has decreed the suit.

(3.) On second appeal before us, three point have been taken by the learned Vakil for the defendant.