TAKARUNNESSA CHOWDHURANI WIFE OF MAJIUDDIN CHOWDHURY; TARINI CHARAN SARKAR Vs. TARINI CHARAN SARKAR AND ANRAND ON HIS DEATH HIS HEIR AND REGAL REPRESENTATIVE HIS SON JYOTISH CHANDRA SARKAR; TAKARUNNESSA CHOWDHURANI WIFE OF MAJIUDDIN CHOWDHURY

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration of the plaintiff s right to a jote by purchase and for recovery of khas possession thereof.

(2.) The plaintiff purchased two jotes, both belonging to one Mr. Bray, on the 21st March 1893 at sales held in execution of decrees for money, and he claims that the land in suit appertains to one of those two jotes situated in Mauza Ram Chandrapur. It appears that the plaintiff had brought another Suit No. 167 of 1901, in which a portion of the land in suit together with certain other lands were claimed as part of the other jote of Mr. Bray situated in Mauza Athna.

(3.) A question has been raised in this Court whether the lands in dispute in the present ease formed the subject-matter of the previous suit. There is no dispute that these lands were also claimed in that suit. What is contended before us is that although they were originally claimed as part of the jote in Mauza Athna, the plaintiff subsequently confined this claim to such portion of, the jote as was found by the Amin to lie within the Mauza Athna, and that, therefore, it must be taken that the subject-matter of the previous suit was the land of the jote which lay in Mama Athna only.