KALYAN KUMAR NAG Vs. PRANATI BOSE

JUDGEMENT

(1.) These appeals at the instance of the appellant Kaiyen Kumar Nag are directed against the judgment and decree of the learned Additional District Judge, 8th Court, Alipore dated June 26, 1978 in Title Appeal Nos. 1190 and 1191 of 1977.

(2.) The appellants father Dr. Arun Chandra Nag instituted. Title Suit No. 15 of 1972 against his son Kalyan Kumar Nag for declaration that he was the sole and absolute owner of the disputed property. In this suit Dr Nag also prayed for declaration that the Registered Deed of Gilt dated July 4, 1959 executed by him in favour of his son Kalyan Kumar Nag was a benami document and otherwise had in law. In this suit the second wife and the other children (both by the first wife and the second wife) were in pleaded as proforma defendants. The case of the plaintiff Dr. Arun Chandra Nag is that he was a medical practitioner at Bagerhat in the district of Khulna now in Bangladesh and he had an extensive practise. On June 17, 1950 he purchased the suit land from the Karunamoyee Estate for a consideration of Rs. 5200.00 and obtained possession thereof. He intended to construct a building on the said land but as there were certain difficulties in this behalf, as he was a resident of Bangladesh, he executed and registered a benami deed of gift. In favour of his eldest son Kalyan Kumar Nag (defendant no 1) on July 4,1959 in respect of the purchased land. He also assigned several Life Insurance Polices to the extent of about Rs. 13000.00 to hit eldest son the defendant no 1 Dr Nag further alleged that he remitted money from Begerhat to Kaiyan from time to time for the construction of the house and with the money given by him to the defendant no 1 the house was constructed on the disputed land some time in 1960. The plaintiff Dr. Nag was in exclusive possession of the same by letting out the ground floor to the tenants and possessing the first floor through the defendant no 1 and the proforma defendants. Although the deed of gift stood In the name of the defendant no. 1 Kalyan, the latter had no title to the suit property. Subsequently, the plaintiff Dr. Nag along with other members of his family came down to India on July 24, 1971 with the intention of permanently residing in India and since then he has been living in the suit property with his family members. The defendant no. 1 and his wife threatened to dispossess the plaintiff and the other members of the family, On Oct. 17, 1971 the plaintiff Dr Nag called upon the defendant no. 1 Kalyan to execute and register a 'Nadabipatra' in his favour but the defendant no 1 Kaiyan refused to comply with the same and the plaintiff Dr. Nag was obliged to file the suit.

(3.) The suit was contested by the present appellant who was the defendant no. 1 in the said suit. According to him, he obtained title to the suit property by Virtue of the deed of gift executed in his favour by his father His father thereafter made several gifts in cash in his favour and also by assigning Life Insurance Policies. The defendant no. 1 constructed the building on the suit land with the said money as well as with his own income and loan received from others. The defendant no. 1 was the absolute owner of the suit property. He was in possession of the same since the time of gift as owner of the same.