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Koilash Chandra Santra and ors. Vs. Gajendra Nath Misra and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in13Ind.Cas.407
AppellantKoilash Chandra Santra and ors.
RespondentGajendra Nath Misra and ors.
Excerpt:
evidence of title - decree in possessory suit. - lawrence jenkins, c.j.1. the case has been placed before us very clearly by mr. majumdar, but i am unable to see that we are entitled to interfere in second appeal. it cannot be said, and is not said, that the decree is no evidence of title. it proved possession, and possession is evidence of title. the value to be attributed to it is a matter to be determined by the lower appellate court which is the final court of fact. i think the matter has been correctly formulated by mr. justice doss, and that we must dismiss the appeal with costs.d. chatterjee, j.2. i agree.
Judgment:

Lawrence Jenkins, C.J.

1. The case has been placed before us very clearly by Mr. Majumdar, but I am unable to see that we are entitled to interfere in second appeal. It cannot be said, and is not said, that the decree is no evidence of title. It proved possession, and possession is evidence of title. The value to be attributed to it is a matter to be determined by the lower Appellate Court which is the final Court of fact. I think the matter has been correctly formulated by Mr. Justice Doss, and that we must dismiss the appeal with costs.

D. Chatterjee, J.

2. I agree.


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