MOTILAL SAHA Vs. NARASINGHA SAHA

JUDGEMENT

(1.) This is a second appeal at the instance of the plaintiff. The suit was instituted for declaration of title and for permanent injunction. Admittedly, the property in suit belonged to one Baren Saha. He left behind him two sons, namely, Posen Saha and Narasingha Saha. On the death of Baren Saha, Posen inherited the property to the extent of his share as one of the heirs of Baren Saha. Posen Saha died leaving behind two sons, namely, Fagu and Tutu. Tutu died bachelor. Fagu died childless leaving behind him his widow, namely, Gayamani. Gayamani died in the year 1954. Gayamani, before her death, by a registered kobala dated February 19, 1935, transferred the property in favour of Khetranath Saha. It was stated in the deed that she was compelled to sale the property to repay the debts of her husband. Khetranath died leaving behind him his last will and testament bequeathing the property in favour of his son, namely, Bonomali. Bonomali obtained probate of the will from the Court of the learned District Judge, Malda, in Misc. Case No. 40 of 1967. Thus, Bonomali became the absolute owner in respect of the property in suit.

(2.) Thereafter, the property in suit was sold to this plaintiff by a registered kobala dated January 17, 1979. As the defendant No. 1, Narasingha Saha, was disputing the title of this plaintiff, the suit was instituted for declaration and for permanent injunction.

(3.) Narasingha Saha contested the suit claiming that the transfer made by Gayamani, the widow of Fagu, in 1935 was a invalid transfer and, therefore, on the death of Gayamani, the property devolved upon him as her reversionary.