JAHIRUDDIN BISWAS Vs. LILAMOY ROY CHOUDHURY

JUDGEMENT

(1.) This Second Appeal arises out of a suit for recovery of a certain amount of money, under the following circumstances:

(2.) The Respondent's predecessor Puma Chandra Choudhury, claiming to be a co-sharer of the properties, mentioned in the schedule to the present plaint, applied for pre-empting the sale made by his brother Sarat Chandra Choudhury in favour o'f the present Appellant. That Bale was made on 5th Pous 1351 B. S., corresponding to 20-12-1944, and the pre-emption application was filed In or about June 1945. At that time, the title of Purna and his two brothers, Panchanan and Sarat, had been declared by the Trial Court in T. S. 1 of 1941 of the Court of the Subordinate Judge of Berhampore but an appeal (P. A. No. 126 of 1943) was pending in this Court against the said decision, Purna's preemption application was entirely allowed on 25-1-1947 and the present appellant withdrew the pre-emption money in or about April, 1943. In the meantime, however, the High Court Appeal (P. A. No. 126 of 1943) was allowed by this Court and Puma's title was negatived in all the present disputed properties, in March 1949, the present suit was instituted by Purna for inter alia recovery of the above preemption money, withdrawn by the present appellant.

(3.) In the plaint there was also a claim for interest.