ASHUTOSH MAITY Vs. NARENDRA NARAYAN BERA

JUDGEMENT

(1.) THIS is a second appeal preferred by the defendants from concurrent decrees of the Courts below made in favour of the plaintiffs.

(2.) THE suit was brought by the plaintiffs for a declaration of title to certain property and for recovery of possession of the same. It was alleged that the property originally belonged to one Panchu who died in the year 1892. On his death he left a daughter, Maya. His two sons had predeceased him. But the wives of these predeceased sons were alive at Panchu's death. The plaintiffs in their plaint alleged that Panchu was in possession of the property when he died. His daughter Maya died in the year 1943 leaving a son, Bhutnath. On 23rd October 1943 Bhutnath sold the property in dispute to the plaintiffs. They could not get possession of the property and brought this suit for a declaration of title and for possession.

(3.) BOTH the Courts below were of opinion that this alleged gift by Panchu in his lifetime to his two daughters in law had not been established and therefore no claim could be made by the defendants to the property through any interest which these two widows had been given in it by this alleged gift.