GANGA BALA GHOSH Vs. MIRA PATRA

JUDGEMENT

(1.) A piece of land at Nandanpur, South 24 -Parganas generated a lot of litigation including the present second appeal. The judgment and decree impugned in the second appeal was one of reversal. The Trial Court decreed the suit which was reversed on appeal leading to the present second appeal.

(2.) THE property originally belonged to one Nil Gopal Halder. On his death he was survived by his widow Sm. Amritamoyee Dasi and four sons, namely, Prankrishna, Bejoykrishna, Saratchandra and Jyotishchandra. On his death Prankrishna was survived by his son Himangshu Halder. Himangshu filed Title Suit No. 20 of 1916 for partition. In such suit Smt. Amritamoyee Dasi was allotted some property. Smt. Amritamoyee Dasi sold certain portions of her allotment to one of her sons Bejoykrishna subject to the tenancy right of Shri Adhar Chandra Manna. Thereafter, he sold the rest portion of the property to Uttamamoyee Dasi the mother of the plaintiffs by a registered deed. On the death of the mother Uttamamoyee Dasi the property devolved upon the plaintiffs. The plaintiffs filed Title Suit No. 778 of 1928 for eviction of the tenant Adhar Chandra Manna and the predecessor in interest of the defendants, namely, Haricharan. Such suit was dismissed. The plaintiffs preferred an appeal which was disposed of on May 22, 1930. Adhar was allowed to continue with the tenancy of 2 cottahs of land at a rental of Rs.2/ - per annum. The plaintiffs claimed to be in exclusive possession of the entire property except the 2 cottahs of land.

(3.) THE Defendant No. 6 was the son -in -law of Haricharan. The defendants filed Title Suit No. 72 of 1952. Such suit was dismissed on contest. The appeal therefrom was withdrawn.