GUNENDRA NATH MITRA Vs. SATISH CHANDRA HUI

JUDGEMENT

(1.) The circumstances under which this appeal arises are as follows:

(2.) Touzi No. 2409 of the Midnapore Collectorate consists of several mouzas including mouza Dingol. The annual land revenue payable in respect of the entire touzi is Rs. 2892-8-0. This touzi was distributed into two shares, one being a separate account bearing No. 249/1 and the other being the residuary share. Both these shares came in course of time to be held by a single person, viz., Jiban-Krishna Ghosh and from him they developed upon his two sons, Sudhir Krishna Ghosh and Sunil Krishna Ghosh, defendants 2 and 3 in the present suit. Both the two accounts were recorded in their names as joint Proprietors.

(3.) Under touzi No. 2409 there was a patni which included mouza Dingol. In the year 1885 Kritibas Hui purchased a share of the said patni. His father Ramnath Hui purchased some transferable occupancy ryoti lands under the said patni. These lands are described in schedule "Ka" of the plaint. Kritibas Hui, while he was a co-sharer patnidar, purchased some transferable ryoti lands under the patni described in schedule "Kha" of the plaint. Kritibas Hui died in the year 1906 or 1907 and his father Ramnath died in the year1908 or 1909 soon after the death of his son. On the death of Kritibas Hui, the plaintiffs, four in number, being his sons and nephews, inherited the patni and the other properties left by him. Subsequently on the death of Ramnath, the plaintiffs while they were co-sharer patnidars, inheritted the aforesaid transferable occupancy ryoti lands under the patni purchased by Ramanath.