KHAGENDRA NATH BOSE Vs. PRAFULLA KUMAR BOSE

JUDGEMENT

(1.) The final decree in a suit for partition, in which there were several parties, provided amongst others that two of the parties, namely the plaintiff and defendant 1, would get the following allotments: Plaintiff-Lot A (6 K. 9 Ch. 31 Sq. ft.) and Lot B (7 K 5 Ch. 31 Sq. ft.).

(2.) Defendant 1 - Lot C (18 K. 14 Ch. 30 Sq. ft.); Lot D (5 K. 12 Ch. 6 Sq. ft.) and Lot E 3 K 4 Ch. 18 Sq. ft.).

(3.) Defendant 1 applied for execution of the decree and obtained delivery of possession of the three lots as demarcated on the spot by a commissioner. The plaintiff then applied for execution, and when a commissioner appointed to give him possession went to measure the lots, he found that of the two Lots B and E which lay contiguous to each other, Lot B, as it appeared on the spot-would, not give the area 7 K. 5 Ch. 31 Sq. ft. as contemplated by the decree. This, he found, was due to two causes, first, that a portion of the land on its west side had been encroached upon by some third parties; and second, that the former commissioner had allotted to defendant 1 as E an area much in excess of 3 K. 4 Ch. 18 Sq. ft. which the decree entitled him to. He then sliced off a portion out of what defendant 1 had already got and included it in B, with the result that, plaintiff got as Lot B. 7 K. 0 Ch. 27 1/2 Sq. ft. in the place of 7 K. 5 Ch. 31 Sq. ft. which the decree gave him, and defendant 1 got as Lot E. 3 K. 5 Ch. 9 Sq. ft. in the place of 3 K. 4 Ch. 18 Sq. ft. which he got under the decree.