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Bhola Kaiburto and anr. Vs. Gourhari Kaiburto - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1894)ILR21Cal233
AppellantBhola Kaiburto and anr.
RespondentGourhari Kaiburto
Cases Referred and Bhagabat Prasad Sing v. Durg Bijai Sing
Excerpt:
regulation xi of 1825, section 4 (clause 1) - accretion--occupancy right--jote tenure--ryot. - w. comer petheram, c.j.1. the terms of regulation xi of 1825, section 4 clause (1), are in opinion clear; the plaintiff who has an occupancy right in a jote is entitled to bold the lands in dispute as an increment to that jote. we therefore agree in the view of the law expressed in the cases of gobind monee debia v. dinobundhoo shaha 15 w.r. 87, attimoollah v. saheboollah 15 w.r. 149, and bhagabat prasad sing v. durg bijai sing 8 b.l.r. 73 : 16 w.r. 95. the appeal is dismissed with costs.
Judgment:

W. Comer Petheram, C.J.

1. The terms of Regulation XI of 1825, Section 4 Clause (1), are in opinion clear; the plaintiff who has an occupancy right in a jote is entitled to bold the lands in dispute as an increment to that jote. We therefore agree in the view of the law expressed in the cases of Gobind Monee Debia v. Dinobundhoo Shaha 15 W.R. 87, Attimoollah v. Saheboollah 15 W.R. 149, and Bhagabat Prasad Sing v. Durg Bijai Sing 8 B.L.R. 73 : 16 W.R. 95. The appeal is dismissed with costs.


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