KALIPADA CHAKRABORTI Vs. PALANI BALA DEVI

JUDGEMENT

(1.) THIS appeal is on behalf of the plaintiffs and is directed against the judgment and decree of a division bench of the Calcutta High court dated 19/06/1950, reversing, on appeal, those of the Subordinate Judge, Third court, 24-Parganas, passed in Title Suit No. 53 of 1944.

(2.) THE facts material for our present purpose are not in dispute and the controversy between the parties practically centres round one short point, namely, whether or not the plaintiffs' suit is barred by limitation. THE trial court decided this point in favour of the plaintiffs, while the High court has taken a contrary view in appeal.

(3.) THE suit was resisted on behalf of defendant No. 1 and the main contention raised was that as the sale of her shebaiti right by Rajlakshmi, the widow of Haran, was a void transaction which did not create any right in the transferee, the possession of Ram Rakhal and after him his vendees, who were the predecessors of defendant No. 1 , was adverse against all the shebaits, and the defendant No. 1 consequently acquired an -indefeasible title to this third share in the shebaiti right by adverse possession and the plaintiffs' suit was barred by limitation. Several other contentions were raised but they are not material for our present purpose.