ASHA LATA DEBYA Vs. CHANDI DAS BHATTACHARYA

JUDGEMENT

(1.) This appeal has been preferred, challenging the Order of remand dated 23rd August 1985 and the decree dated 30th August 1985 passed by the learned Additional District Judge, Second Court, Bankura in the Title Appeal No. 24 of 1984 remanding the case for re-trial after setting aside the judgment and decree dated 31st January, 1984, and the 4th February, 1984 respectively passed by the learned Munsif, 1st Court, Bankura in Title Suit No. 84 of 1983.

(2.) The case as has been made out in the plaint of Title Suit No.84 of 1983 is inter alia as follows: One Brazalal Adhurryya had 1/3rd (5 Annas 6 Gandas 2 Kara 2 Kranti) share in the tank referred to in the plaint. Said Sri Brazalal Adhurryya had two daughters, Thakomani Debi and Sarat Kumari Debi who inherited the property in equal shares that is each of them got (1/6th share each) in the tank and their names were recorded in the cadastral survey record of rights. According to the plaintiff their interest was limited interest. Thakomani sold her 1/6th share (suit property) in the tank and also a certain share in a plot which is however, not covered in this suit, to the husband of the defendant, Ramkinkar Chatterjee through a registered deed of coveyance dated 06.04.1949. It has been also alleged in the plaint that Thakomani had no legal necessity, her husband was an affluent one. She was illiterate. Her husband Radha Raman had short vision and the deed was executed in good faith and on representation of Ram Kinkar Chatterjee.

(3.) Thakomani died in 1959 and in 1960, her husband Radha Raman Babu made in property Khas to him, and possessed the same. Thakomani had three (3) daughters Motorbala, Nirmalabala and Ushabala.