ANANDA MOYEE DEBI Vs. DURGESH NANDINI DEBI

JUDGEMENT

(1.) These two appeals have been heard together as they arise out of one judgment passed by the learned Subordinate Judge of Burdwan affirming the decision of the Munsif, 1st court, Katwa. The Plaintiff, Durgesh Nandini Devi, brought two suits in the court of the Munsif of Katwa respectively the Title Suit Nos. 30 of 1961 and 29 of 1951. In the former the Defendants were Naba Nalini, Ananda Moyee and others and in the latter, the Defendants were Ambuja Bala, Bhujangini and Kalachand. In both the suits, the Plaintiff sought for a declaration of her eight annas interest in the lands in dispute, viz., those recorded in khatians Nos. 416 and 76 of mouza Sitalgram and for khas possession of her share of lands by partition thereof.

(2.) The facts which are not disputed are stated as follows:

(3.) The defence in both the suits was that the leases were granted by the two groups of Pal Choudhuries bona fide and in due course of management and they are binding on the Plaintiff, after the Plaintiff obtained the decree for setting aside the auction sale, her title has not been disputed and it has been contended that by virtue of the subsequent settlement, she was only entitled to receive rents.