SURESH CHANDRA MUKERJI Vs. SHITIKANTA BANERJEE,

JUDGEMENT

(1.) This is a suit for declaration of the plaintiff's title to and for recovery of possession of certain lands covering, it is said, 10,000 bighas in area described in the schedule to the plaint. The facts are fully set forth both in the judgment of the learned Subordinate Judge and of my learned brother. I need not, therefore, repeat them except so far as is necessary for explaining the conclusions at which I have arrived.

(2.) Since the date of the plaint, claim to certain lands has been abandoned. The tract on the east within stations m, n, x, v, 8, 7, 36, 85m in the Commissioner's map was given up in the trial Court, In this Court so much of the disputed land as lies north of the Settlement line of 1904 (which corresponds to the southern banks of the river at the time of Revenue Survey in 1856) was given up. Out of the Lands comprised within the Revenue Survey and the boundary lines of Kabirajpore the plaintiff's title has been found in respect of 15 chaks and the residuary portion of Mouza Kabirajpore. The chaks are numbered 5, 7, 15, 17, 61, 64, 69, 70, 73, 99, 100, 101, 102, 103 and 104. The residue does not bear any number. These 15 chaks and the residue lie scattered all over the Mouza.

(3.) The learned Subordinate Judge has given the plaintiff a decree for so much of the 15 chaks and the residue as lies, speaking roughly, south of the southern line of the map of 1903 (thick brown line in the Commissioner's map) which is near to the southernmost line of the Partition Map of 1899. The plaintiff's title to so much of the 15 chaks and the residue as lies north of the above-mentioned line has been held by the learned Subordinate Judge to have been extinguished by the adverse possession of the defendants. The present appeal related to so much of the disputed land as lies north of the above-mentioned line of 1903, and is covered by the 15 chaks and the residue of Mouza Kabirajpore. The appellant asks that khan possession be given to the plaintiff of so much of the whole of the disputed land as is covered by these 15 chaks and the residuary portion of Mouza Kabirajpore.