TINCOURIE MAZUMDAR Vs. KISHAN CHAND BORAL

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the decision of Mr. S.N. Guha Ray, as he then was, learned District Judge, 24-Parganas, whereby he affirmed the decision of Mr. J. P. Mukherji learned Subordinate Judge, 6th Court, Alippre, dismissing the plaintiffs' suit for partition on the ground that the plaintiffs have failed to prove their title to 12 annas share claimed by them.

(2.) At this stage the question in controversy has narrowed down to a question of law. The question of law arises on, the following facts:

(3.) The property in dispute belonged to one Kedarnath who died in 1918 having been survived by his four sons Monilal, Chunilal, Tinkari and Satish. Monilal died without leaving any issue. Chunilal's widow is Sushila who figures as plaintiff 2- Tinkari is plaintiff 1. Kedarnath executed a mortgage of the disputed property in favour of the predecessor in interest of one Pannalal Banerjee. To enforce the mortgage debt a suit was instituted and a decree was obtained and in execution of the said decree the mortgage property was brought to sale on 10-7-1931 and was purchased by the decree-holder. The sale was confirmed on 10-9-1931. Pannalal acquired title under the said auction sale.