PANKAJMI DEBI Vs. SUDHIR DUTTA

JUDGEMENT

(1.) This appeal is by defendants 15 to 22 and it arises out of a suit for declaration of title and partition; in the alternative, for recovery of a sum of Rs. 9,000/- by way of refund of purchase money and damages from defendants 10 and 11. The learned Additional Subordinate Judge, 6th Court, Alipore, who tried the suit has passed a preliminary decree for partition accepting the plaintiff's claim of title to the extent of a 7 annas 6 pies share of the disputed properties. He has dismissed the plaintiff's alternative claim for recovery of the purchase money and damages.

(2.) Defendants 15 to 22, who contested the plaintiff's title to the suit properties and set up 16 annas' title in themselves, have preferred the present appeal.

(3.) The facts giving rise to the present litigation may be shortly stated as follows: (4) One Rahamatulla left two sons, Enayetulla and Abdulla. Enayetulla died leaving two widows, Ajimannessa (senior) and Ajimannessa (junior), a sou Efajuddin and a daughter Kadabanu by the senior wife Ajmannessa Bibi, and a sun Mokshed and three daughters, Humidan, Sahidan and Rahidan, by the junior wife Ajimannessa Bibi. Kadabanu, Hamidan and Sahidan are dead, so also is Ajimannessa (senior), as also Elajuddin. The latter died leaving two sons Arshed and Nauser and three daughters Keshida, Mokshuda and Rashida. These sons and daughters of Elajuddin are defendants 1 to 5 of the present suit and defendants 15 to 22 claim to have purchased the suit properties in 16 annas from them.