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3. Plaintiff claimed title over the suit property on the basis of purchases made under two registered deeds of conveyances dated 27.1.1968 comprising of 12 shares of Plot No.340, 341, 342 and 343 of Mouza Tegharia admeasuring 1.39 acres from defendant No.1 and his three sisters. However, in the Schedule of Property, described in the schedule to the plaint, it was stated :

All that acres of land now developed for Housing Township appertaining to Rs.Dag No. under Khatian Nos. of Mouza Tegharia, J.L. No.6, lying and situate within Sonargaon Park, P.S. Sonarpore, District South 24 Parganas (South).

In the schedule of the suit property described in the plaint in the 3rd line after the word Khatian Numbers following Khatian Number shall be inserted 80, 310, 83.

8. An objection was filed to the said application for amendment by the appellant, inter alia, contending :

Whereas after decree in the suit, plaintiff filed an application under Section 151 of CPC stating that the plaintiff claimed title on the basis of two deeds of conveyances by purchase from heir of Dilbahar Molla and Malekjan Bibi wife of Dolbahar Molla with the prayer to add different Schedule of property with a new case, which is not permissible in law. As such plaintiffs application is liable to be dismissed summarily.

14. Respondent is said to have purchased the property by reason of two sale deeds of sale dated 27.1.1968. Properties described in the first deed of sale are as under :

 ka schedule particulars of the property

1. In the District of 24 Pargana is under Police Station and sub-registry office  Sonarpur, Pargana  Medanmalla at Mouza Teghari, village, included in Touzi No.294 having Ryoti Mukarari right, under Khatian No.80, out of 1.36 decimals of land in one jama bearing annual rent of Rs.5-10-10 pics 1.02 decimals of land bearing proportionate rent of Re.0.26 paise J.L. No.52 Re.Sur No.126 Khatian No.8 owner  West Bengal Govt. There is no other cosharer. In dag No.340 three hundred forty .79 decimals N  other Mouza In dag No.342 three hundred forty two .24 decimals N  Farez In dag no.341 three hundred forty one .33 decimals N  Alta Bibi Total 1.36 one acre thirty six decimals.

In dag no.341 three hundred forty one .33 decimals N  Alta Bibi Total 1.36 one Acre thirty six decimals Out of that in 4 annas share .34 thirty four decimals of land.

2. In the said Police Station, at the said Mouza, included in the said Touzi under the said owner, having Ryot Stitiban Right, under part Khatian land bearing annual rent of .25 paise. There is no other cosharer.

In dag No.343 three hundred forty three .49 decimals Danga land out of that in 4 annas share 12 decimals of land under two khatians total 46 decimals forty six decimals Particulars of property mentioned in Schedule kha In the District of 24 Parganas, under Police Station and sub-registry  Sonarpur, Pargana  Medan Malla, at Mouza  Teghari village included in Touzi No.  294, J.L. No. 52 Re. Sur No.126, having Korfa possessory Right, in one jama under Khatian No.  83, .24 twenty four decimals of land bearing annual jama of Rs.14.00 owner West Bengal Government. There is no other cosharer. In dag No.344 three hundred forty four Danga 24 twnty four decimals N. Sudhir and others. In two schedules total land .70 seventy decimals. The Society will bear the cost of Registration of this Deed of Sale.