BENODE BEHARI SADHUKHAN Vs. HEM CHANDRA GHOSH

JUDGEMENT

(1.) This appeal, at the instance of the Defendant No. 1 (now deceased and substituted by his heirs), is directed against an appellate decree affirming the decree passed by a learned Munsif. The appeal was at one stage allowed by S.R. Das Gupta and Mullick, JJ. On review, however, the judgment and decree were set. aside. This is how the matter again comes before us for re-hearing.

(2.) Plot No. 101 of Khatian No. 174, Mouza Barasat, measuring 18 acre, was formerly held by one Nibaran Chandra Das at a rental of Rs. 14 per annum. Kshetradas Ghoshal was the landlord of the holding at all material time. Nibaran was succeeded by his two sons Prafulla and Jugal (Defendant No. 2). Under an amicable partition, the southern portion of the holding aforesaid measuring 9 decimal and containing three tin huts, fell to the share of Jugal abovenamed. By transfer a portion of the holding in, the share of Prafulla, passed to Patal Chandra Das (Defendant No. 3), who thereafter obtained a permanent lease from the landlord.

(3.) The Barasat Co-operative Credit Society got an award against Defendant No. 2, Jugal, and put the award into execution under the Public Demands Recovery Act. In, the certificate sale the Plaintiff, Hem Chandra, purchased the share of Jugal in the holding. The sale was confirmed on February 28, 1944.