2, Judges Court Road, Alipore, Calcutta which companyprised former premises Nos.
1 a decree for joint possession with the appellant of his undivided 1 anna 3 gondas share and mesne profits.
According to him they were of his exclusive ownership and the plaintiff had numberright, title or interest therein.
17.609/6/ from out of the companypensation amount paid for the lands acquired.
That sale took effect from September 29, 1935.
6 in Mahal Roynagar in a sale under Act XI of 1859 on January 6, 1936.
The Court rejected the defendant No.
1 appealed to the High Court of Calcutta against the judgment and decree of the trial Court.
The trial Court came to the companyclusion that 51 Bighas 17 Cottahs 1 Chittak in Mouja Alipore were joint lands of Toujis 1 to 6, 8 to 16, 33, 51, 53 and 91 and respondent No 1 had title to an undivided 1 anna 3 gondas share therein as owner of Touji No.
Thereafter he got his name registered under the Land Registration Act in substitution of the name of the previous recorded proprietor.
During the pendency of the suit 2 Bighas 1 Cottah of land out of the suit lands were acquired by the Government.
Thereupon Respondent No.
The other pleas taken by him and pressed in this Court will be companysidered at the appropriate stage.
1s plea that Toujis 33 and 53 were divided.
6, 5/1 and 6, Alipore Lane and Nos.
In the alternative he pleaded that he had acquired permanent rights in those lands by being in exclusive possession thereof for a long time and further that Toujis Nos.
According to Respondent No.
He took delivery of possession of the property purchased by him through the Collector of 24, Parganas on June 4, 1936.
Defendant No.
13 and 14 of Bainabpara Lane and mesne profits.
1 purchased Touji No.
1 got his plaint amended and companyfined the relief asked for to 72 Bighas and 3 Cottahs but he claimed a decree against the appellant for a proportionate share i.e. Rs.
The defendant No.
33 and 53 were divided.
1 to 6, 8 to 16, 33, 51, 53 and 91 of the 24 Parganas District excepting 2 Blocks of separately demarcated lands which are in Touji No.
1 he had a share in the suit property, but as his claim was denied by the appellant, he instituted a title suit in the Court of the Subordinate Judge, Alipore against the appellant and others for a declaration of title and for joint possession to an undivided 1 anna 3 gondas share in 74 Bighas 4 Cottahs of land in premises No.
1 is the plaintiff in the suit.
Consequently it gave to respondent No.
1 is the appellant in this appeal.
According to the respondent they are joint lands of Toujis Nos.
Respondent No.
The material facts of the case are as follows Respondent No.
The appellant denied the plaintiffs claim that the suit lands or any portion thereof were parts of Touji No.
Further it decreed the 1st respondents claim for his share in the companypensation amount.
S. Hegde.
J This is an appeal by certificate.
The suit lands are in Mouja Alipore.
