AMIN MOLLA Vs. FAINUDDIN AHAMMAD

JUDGEMENT

(1.) The appeal by the defendant No. 2 arises out of the judgment and decree passed in Title Appeal No 241 of 1965 by the learned District judge, Murshidabad affirming the judgment and decree passed by the learned Munsif, Additional Court, Berhampore in Title Suit No 229 of 1964.

(2.) The relevant fats are as follows: The Ka schedule lands belonged to Subid Molla and Nepal Sk in equal shares. On Nepal's death his moiety share was inherited by his son Michu Sk. (dedfendant no. 1) And on Subid's death his moiety share went to his widow Misi Bewa, son Amin Molla (defendant no. 2) and daughter Surjannessa (defendant no. 8).

(3.) Subsequently, Misi Bewa on behalf of self and as guardian of the minors Amin Mola and Michu Sk. Sold the Ka schedule lands to the plaintiff and his brother Haji Arsed Ali (defendant no. 9) By a kebala date December 27, 1924. The kobala was, however, taken in the name of Arced alone.