MAJOR A Y REILY Vs. RAJKUMARI

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit for partial cancellation of a decree in a previous litigation, for reinvestigation of the boundary between two disputed tracts of land, for recovery of possession, and for incidental reliefs. The facts material for the determination of the questions raised before us may be briefly recited.

(2.) On the 18 February 1857 the Commissioner of the Sunderbans notified in the Calcutta Gazette that various lots situated within the limits of the Jessore and Baker-ganj portions of the Sundarbans would be exposed for sale, in order that settlement might be made with the highest bidder, lot No. 5 was purchased by Kamalkumari Chaudhurani, mother of the present respondent, in the name of her officer Nilmadhab Ray and a patta was granted on the 12th May 1857. Lot No. 6 was purchased by George Maxwell Reily, father of the present plaintiff, and patta was granted to him on the 15 September 1862. The southern boundary of plot No. 5 was identical with the northern boundary of plot No. 6, and the common boundary line wa9 described in the following terms in both the pattas: An imaginary line drawn from the mouth of a khal three miles and 1168 feet south of Rajapur khal on the Bhola river to the junction of the Bharani khal with Rainda khal and the Rainda khal from this point-to its junction with the Baliswar river.

(3.) It may be stated here that in the Notification published by the Commissioner of Sunderbans, there was a note in the remark column against lots Nos. 4 and 5 to the following effect: "the boundaries of these two lots have been re-adjusted, so as to give both the river- facing on the Bales war river. A map showing their respective boundaries may be seen at the Commissioner's office. The two lots will be sold separately, and their respective areas will be notified on the day of sale." Lot No. 4 was purchased by the Morels who obtained a patta on the 1 May 1857, later on, that lot came into the hands of General Douglas and ultimately vested in Raja Durga Charan Law for self and his brothers. The history of lot No. 4 in the hands of the Laws will require mention hereafter.