RADHA NATH DUTTA Vs. CHANDRA KUMAR DUTT

JUDGEMENT

(1.) This is an appeal by the plaintiffs against a decision of the Subordinate Judge of the First Court, Backergunge, confirming a decision of the Munsif of Barisal. The plaintiffs sued for establishment of their title to and for khas possession of Dags Nos. 329, 358 and 359 of the Settlement Survey and claimed them as part of their howla and as accretions to Dag No. 300. Their case, was that in diara proceedings in 1913, the dags in suit were resumed by Government, assessed for revenue, and settled as a separate estate with the zemindar under whom the plaintiffs hold their tenure. In the Record pf Rights which was published in 1907, the dags in suit were found in possession of the defendants but the appellants contend that the defendants are bound by the diara proceedings and the dispute in this appeal is whether this is so or not.

(2.) The Munsif has found that the defendants were not parties to the diara proceedings and that no notice was served on them and that the suit is time-barred. The Subordinate Judge presumably accepts these findings but he has not arrived at any express findings on these points. He finds, however, that Dag No. 329, to which Dags Nos. 358 and 359 are accretions, is according to the thak mal asli land situate, at the bend of the fiver Gazalia and that any presumption raised by the diara map in favour of the plaintiffs is rebutted by the thak map and that apart from the diara there is no evidence in favour of tile plaintiffs contention.

(3.) He holds that the diara did not and could not create any right but could only assess revenue on land in excess of the Revenue Survey.