KURAN KRISHNA MITRA Vs. NEPAL CHANDRA GHOSH

JUDGEMENT

(1.) These two appeals arise out of a suit for partition. In the two courts below there were disputes as to facts and also on questions of law. In this 'Court all the parties have accepted the findings of facts, concurrently made by two courts below, and the dispute is now confined to their respective legal rights flowing from those undisputed facts and certain finding's on questions of fact on which the courts below' have differed.

(2.) The facts found by the two courts below which are no longer in dispute may briefly be stated as follows:

(3.) On the above facts the admitted position is that the Plaintiff No. 1 has an 8-anna share in the suit properties, the remaining 8 annas share belong to Plaintiff No. 2 and Defendant No. 1 and pro forma Defendant No. 1. As amongst these latter three persons, Plaintiff No. 2 has 4 annas share in all the three disputed dags and pro forma Defendant No. 1 and Defendant No. 1 have the other 4 annas share in cadastral survey dags Nos. 1176 and 1009/l274 and 1009/1275, respectively. The Defendant No. has his lease from Upen in respect of the northern portion imprising three-fourths of these last two dags and the effect of his lease and of the possession and rights of Defendant No. 2 hereunder on the title of pro forma Defendant No. 1, Defendant No. 1 and the Plaintiffs is the chief point for consideration in these two appeals.