KAZI MOHAMMAD HOSSAIN Vs. SIBRAM BONDOPADHYAYA

JUDGEMENT

(1.) This is a Second Appeal in a partition suit. The defendant, Kazi Mohammad Hossain is the appellant.

(2.) The plaintiff commenced the suit for partition of lands mentioned in the Schedule to the plaint to the extent of plaintiff's 7 annas 12 gandas 2 krantis 14 tils share therein. The allegation of the plaintiff was that he was in joint possession of the undivided share in the suit lands and that the defendant appellant was in undivided possession of the remaining share. The plaintiff's case was that he acquirer tenancy settlement of (i) 1 anna 15 gandas 2 karas 14 tils from a co-sharer landlord, Pannasundari Devi on the 15th Bhadra, 1351 B.S. (ii) 1 anna 6 gandas 2 karas 2 krantis share from Biren Roy who acquired the interest of another co-sharer landlord, Rajendra Sanyal on the 3rd of Agrahayan. 1352 B.S. (iii) 2 annas 5 gandas share from another co-sharer landlord Shiba Sati Trust Estate on the 20th Chaitra. 1354 B. S. (iv) 2 annas 5 gandas share from another co-sharer landlord, namelv, the Estate of Ashutosh Mitra and others on the 15th Chaitra, 1351 B. S. After these aforesaid settlements the plaintiff alleged that he was in ejmali and joint possession with the defendant but as the joint possession was proving inconvenient he instituted this partition suit.

(3.) The defence was a denial of the plaintiff's title and the joint possession. The defendant appellant had claimed that he was in possession of the entire 16 annas share of the lands in suit on taking tenancy settlement from all the co-sharer landlords before the Settlement alleged by the plaintiff.