BIMALA BALA DEBI Vs. SANAT KUMAR CHAUDHURY

JUDGEMENT

(1.) ALLEGING that they were entitled to be maintained out of the disputed properties, the petitioners, as plaintiffs, instituted a suit against the opposite party No. 1, claiming declaration of a charge for maintenance on the disputed properties and recovery of maintenance due. Since the petitioners were not possessed of sufficient means to enable them to pay the fee prescribed by law for the plaint in the suit, they filed an application, on June 11, 1955, for permission to sue as paupers. The application was allowed, the petitioners were permitted to sue in forma pauperis and the suit was registered, on February 25, 156, as Title Suit No. 48 of 1955.

(2.) IN the meantime, the opposite party No. 1 had transferred or purported to transfer his share in the following plots, out of the disputed properties, to the several persons as herein- (a) Two tanks on plots No. 8234 and 8249 were transferred to opposite party No. 4 by Kobala (Ex. A1) on August 12, 1953. (b) Plot No. 8506 was transferred to Opposite Party No. 12 by Kobala (Ext. AII) on September 29, 1955. (c) Plot No. 8312 was sold to Opposite Party No. 3 by Kobala Ex. A on November 18, 1955. (d) Plot No. 8838 was sold to Opposite Party No. 8 and 9 by Kobala Ex. A (2) on January 4, 1956.

(3.) IT further transpired that sometime in the year 1360 B. S. (1953-54) there was a partition amongst opposite party No. 1 and his co-sharers. As a result thereof opposite party No. 16 got plot No. 8841 and a share in plot No. 8847, Opposite Party No. 9 got plot No. 8494 and a share in plot No. 8847 and Opposite Party No. 14 got plot No. 8844. It also transpired that plot No. 8825 was allotted to one Dharani Majumder on partition and from him Opposite Party No. 10 purchased. So far as plot No. 8824 is concerned the tenancy right therein appears to have been purchased by Opposite Party No. 10 and his-co-sharers on November 5, 1956.