PRAFULLA KUMAR NIOGY Vs. NILRATAN GHOSH

JUDGEMENT

(1.) THIS is an appeal by the sole principal defendant, Prafulla Kumar Neogy, from an appellate judgment and decree of affirmance concerning a suit by two brothers, Nilratan and Ramratan, now the first two respondents to this appeal, each with a triple surname of Ghosh Sarkar Haldar, as sebaits of Shri Shri Iswari Durga Mata Thakurani, for a declaration that the said principal defendant, namely, the appellant before me, has no manner of a tenancy right in a 3-cottah parcel of land with pucca structures thereon situate in Bhadreswar Sarkar Bagan Lane in the sub-division of Serampore and for certain other incidental reliefs.

(2.) THE subject-matter of this litigation is recorded as plot No. 3846 and described as Bastu:dalan: in Khatian no. 1900 of Bhadreswar.

(3.) FOR a proper apprehension of the appeal as argued at the Bar, suffice it to say this. One Girindra Nath ghosh Sarkar (the third surname Haldar is missing in the second paragraph of the plaint), a quondam sebaiti, was appointed the common manager, but only to be removed by the district judge, Hooghly, on April 5, 1935. Some 12 years later in or about November, 1947, he died. But much before he had died and shortly after the removal from his office of common manager, to be exact, on January 25, 1936, he had sold his tenancy right under the Devottar estate in the subject-matter of this litigation to Bholanath, the appellant's father, now dead. The first two respondents came to know of it, a sham sale of a sham tenancy right, only after girindra's death. Hence the suit by them seeking to strike down the sale deed of January 25, 1936, and for 'the declaration just noticed along with other consequential reliefs.