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Court! 'ground on which the learned Judge dis from which there was an appeal to thisj missed the plaintiffs suit, namely whe Court and the appellate judgment of thisj ther the plaintiffs had succeeded in prov Court must be taken to be the final ing that the lands in suit were dry lands judgment in the suit The plaintiffs jat the time of the Permanent Settlement should have, if they wanted to use in;and were assessed as included within their favour the judgment in the litiga jtheir permanently settled estates There tion between Profulla Nath Tagore and jis no dispute that the onus lies upon the the defendant, put in as an exhibit the (plaintiffs to prove that the lands in suit final judgment in the suit When an were included within their estates and appeal is taken against a decree, the assessed at the time of the Permanent decree of the lower Court gets merged in Settlement; and as it is a question of fact the decree of the appellate Court and so and not of law it is to he proved in order the judgment of the trial Court is not1 2 to enable the plaintiffs to succeed in the (1)     1

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction	Date	Full Text		Citation Index †
Mobani Mohan Singh v Sita Nath Basak	[1930] AllINRprCal 88; [1931] AIR Cal 233	All India Reporter - Calcutta	India - West Bengal	22 Jan 1930	AsianLII