RAJNARAYAN KUNDU Vs. KRISTAMATI DASI

JUDGEMENT

(1.) This is an appeal against a decree of the Subordinate Judge, 1st Court, Hooghly dismissing an appeal from a decree of the Munsif, 2nd Court, Chinsurah. The plaintiff has sued for declaration of his title to the lands in C. S. plots Nos. 469 and 357 of Mouza Muktikiri, and for confirmation of his possession to the same.

(2.) The plaintiff's case was that the plots in question appertained to a jama of Rs. 25/4/- held by defendant No. 2 Nitai Malo under the plaintiff. The plaintiff had purchased the lands in question in execution of that decree on April 21, 1941 and obtained possession on August 30, 1941.

(3.) After his purchase, and after he obtained possession, a sale proclamation had been issued at the instance of defendant No 1 with respect to two plots Nos. 469 and 608 in execution of mortgage decree obtained by defendant No. 1 against defendant No. 2. Accordingly on. August 26, 1943 the plaintiff first learnt of the mortgage of defendant No. 1 covering plot No. 469. Thereupon, he had a notice issued under section 167 of the Bengal Tenancy Act to annul the incumbrance. He had also filed a case (Title Execution Case No. 109 of 1943) for avoiding the sale of plot No. 469 and this application had been rejected on December 14, 1943. Hence the present suit as regards plot No. 469.