RAHUL AMIN Vs. CHABBAHAN BIBI

JUDGEMENT

(1.) This appeal by the plaintiffs is against the judgment and decree of reversal passed by the learned Subordinate Judge, Additional Court, Nadia, in Title Appeal No. 82/69 (20/69).

(2.) The plaintiffs filed Title Suit No. 693 of 1965 before the learned Munsif at Ranagthat in the District of Nadia for a declaration of their 14 annas interest in the suit lands and for permanent injunction restraining the defendants from disturbing their possession in respect thereof.

(3.) According to the plaintiffs, the lands appertaining to the suit khatians were purchased by Hazi Abdul Aziz, their father and one Satyendra Chandra Ganguly by a kobala dated Nov. 17, 1943, each of them having a moiety share in the properties, Thereafter, Satyendra Chandra Ganguly by a kobala dated April 6,1957 sold his 8 annas share in the said properties to Hazi Abdul Aziz, who purchased the same in the benami of his third wife, the defendant No. 1, Chabbahan Bibi for a consideration of Rs.900/-. Though the kobala was taken in the name of the defendant No. 1, the consideration money was paid by Hazi Abdul Aziz and he was also in exclusive possession thereof as the owner.