KHETRA NATH MANDAL Vs. MAHOMED ALLA RAKHA

JUDGEMENT

(1.) This second appeal is preferred by the defendants in a suit in ejectment. The suit relates to a tank claimed by the plaintiffs as appertaining to an estate No. 718 of the Birbhnm Collectorate, their title to which as patmdars has now been conclusively established. As to the question of limitation, there are materials on the record to support the District Judge s finding that the plaintiffs predeoessor-in; interest was in possession of the tank within 12 years of the institution of the suit. That finding, therefore, is also conclusive.

(2.) The only question for our consideration is whether the learned District Judge s further finding that this disputed tank does in fact appertain to Estate No. 718 does or does not rest on evidence which is admissible in law.

(3.) It is common ground that in the year 1852 there was a partition of the lands common to four revenue paying estates of which the present Estate No. 718 was one. The partition was carried out, as the parties also agree, under Regulation XIX of 1814. That Regulation related to the partition of estates payiug revenue to Government. The law on the subject is now contained in the Estates Partition Act of 1897 (Bengal Act V of 1897) which superseded and repealed a previous Act of the year 1876.