1778-02-10 (static/transcriptions/1778/02/021.jpg)

1778. Sittings. [Tuesday] Feb. 10.

Gower Hurry Podar
v
Tillock Seal

This was an Action to recover two hundred and fifty Arcot Rupees, for the use and occupation of a Begah & an half of Ground. The Plaintiff produced one Witness who swore he was present when the defendant agreed to pay five Rupees a month for that ground and that he saw him in possession four years and two Months which made out the Sum demanded. On the part of the Defendant it was insisted this could not be true, for that the Defendant was in possession of the ground as his own and had a Pottah for it. To prove this they call’d for the books of the Calcutta Committee by which it appear’d that a New Pottah on the alledged loss of an Old One, was granted in these words “a Pottah of the Land in Question, “to A: B” “the father of the Plaintiff” “in the care of Tillock Seal” This, Impey and I, being the only Judges present, agreed, was an Estoppel to the Defendant, to shew that he possess’d it in his own right, because we consider’d it equivalent to an acknowledgement of
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