in case of conflict between area and boundary,discripttion of boundary shall prevail
Calcutta High Court
Roy And Co. And Anr. vs Sm. Nani Bala Dey And Ors. on 31 August, 1978
Equivalent citations: AIR 1979 Cal 50
Bench: B Maitra
JUDGMENTB.N. Maitra, J.
1. The plaintiffs have alleged that the land of the Schedule B to the plaint forms part of the land of the Schedule A. On the 8th Dec., 1933, one Modal Singh purchased the property of Schedule A from one Mohabir Prosad Mistri by a registered kobala and thereafter he was in peaceful possession of the same. By a registered Sale Deed dated 10-1-1962 the plaintiff purchased that property from Modal Singh. Defendants Nos. 2 to 4 have been carrying on business under the name and style of Messrs. Roy & Co. (Defendant No. 1). In 1958-59 the defendants illegally trespassed into the small "Tin Chhapra" of Modal Singh. They possessed that shed as a godown for sometime. Thereafter they constructed a new C.I.T. sheet structure. The suit was filed for recovery of khas possession of the disputed land on declaration of plaintiffs' title thereto.
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