The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Courts Monday April 30 1906

144 Criminal Procedure Code on the following terms:— Whereas it appears from the petition of Shaikh Abdul Uossain that you are building a house close to the house of the first party and the water of the eaves of the said house is likely to fall on the foot of the wall of the 1st party's house and that you are also erecting a wall encroaching on the public road for which a breach of the public p [...] The Courts below gave a decree to the Plaintiff in respect of many of the properties but with regard to others the claim of the Plaintiff was dismissed on the groundAmongst others that it was not proved that the properties were acquired with the joint funds of Nilmoni and Radha Nath. [...] Held—That in a suit for partition of property aleged to ho the property of a joint Hindu family of which the Plaintiff is a member where the Defenants while admitting that some of the property scheduled in the plaint is joint property pleads that the bulk of the property in the suit is their own self-acquired property the burden of proof lies on the Defendant to show that such property is [...] But in the schedule of boundaries given no mention of these lands of Rangilabad was made and no boundaries of the Rangilabad lands given but at the foot of the schedule the total quantity of lands stated in the boundaries was given as 46 bighas and odd cottahs although the correct total would be 36 bighas and odd the difference being the exact quantity of the lands in Rangilabad. [...] (3) The name of the village the specific quantity and class of lands and the perganah in which they are situated being given in the lease there was sufficient identification for the purpose of registration of the deed within the meaning of 155"clvi THE CALCUTTA WEEKLY NOTES OW. X. sec.