Durga Churn Law and others vs Kala Chand Biswas and others

Maclean, C.J.—I am not disposed to take the same view as the Court below. We are as capable of judging from reading the plaint as the Court below, whether the description of the land in question was sufficient for identification. The plaint states what the zamindari is, the name of the junta and in what mouzah it is situated, and within what jurisdiction, and that it was owned and held by the Defendants. Prima facie this description is sufficient for identification : any way the plaint ought not to have been rejected in so summary a way. The Defendants may not say that they are misled by the description or that the land is not sufficiently identified, or that it is not the land in respect of which it is sought to recover rent. The grounds for summarily rejecting the plaint were not sufficient. With this intimation of our opinion we send the case back to the first Court, directing that the plaint be registered and the summons issued. The costs will be costs in the suit.