BISWANATH MONDAL Vs. DURGA PRASAD CHATTOPADHYAY

JUDGEMENT

(1.) The Respondent No. 1 herein filed a suit, being Title Suit No. 24 of 1978, in the Court of the Subordinate Judge at Burdwan, against the appellants herein and the other respondents, inter alia, for declaration of title and recovery of possession of the suit properties and alternatively for partition.

(2.) The case as made out in the plaint is that the lands described in schedule 'Ka' to the plant originally belonged to one Debendra Nath Mondal who died in or about the year 1972 leaving behind him surviving his four sons, the defendant Nos. 1 to 4 in the suit, five daughters, the defendants Nos. 5 to 9, and his widow, Renuka Bala. Upon her claim that the heirs of Debendra Nath Mondal had effected an amicable partition of his properties by a Teknams, Renuka Bala for herself and on behalf of her minor children, the defendant Nos. 3, 4 and 5 sold to the plaintiff, Durga Prasad Chattopadhyay, the lands described in item No. 1 of schedule 'Kha' to the plaint by a registered deed 8th April, 1974 for a consideration of Rs. 600/-. On the basis of the same claim, the defendant No. 2, Haradhan Mondal and Renuka Bala for herself and for and on behalf of her minor children, the defendant Nos. 3, 4 and 5, sold to the said Durga Prasad Chattopadhyay the lands described in item No. 2 of schedule 'Kha' to the plaint, for a consideration of Rs. 3000/-.

(3.) Claiming that taking advantage of the death of Renuka Bala and the absence of the Teknama the defendants had dispossessed him from the said lands, Durga Prasad Chattopadhyay brought the above suit for declaration of his title therein and for recovery of possession there of and alternatively for partition.