TUSTU CHARAN GHOSE Vs. KALI KUMAR GHOSE

JUDGEMENT

(1.) The subject-matter of this litigation is land which was purchased by one Kenamoni Dassi. The plaintiffs who are the sons of one of Kenamoni's brothers brought a suit for declaration of their title to the land and for recovery of khas possession jointly with the other living brother of Kennmoni and the descendants of another brother. They averred in the plaint that the property was purchased with Kenamoni's Shri-dhan and became her personal property so that on her death it was inherited by the three brothers as Kenamoni's heirs and that ultimately after the death of two of the brothers, they, the sons of another brother and Tustu Charan Ghose, the third brother were in joint possession, but that Tustu having obtained a document of transfer from Kenamoni's husband's brother and having disturbed their possession they came to court

(2.) The main defence was that this property having been purchased by Kenamoni with the accumulated income of her husband's estate was thereafter amalgamated with her husband's property so that it became an accretion of Kenamoni's husband's estate and was thereafter inherited by her husband's brother Surendra. Surendra, it is said, thereafter settled this land with Tustu by a Patta and sold his interest to Tustu's wife Jnanadamani.

(3.) The learned trial court dismissed the suit being of opinion that on Kenamoni's death the property was inherited by Surendra and on appeal the learned Subordinate Judge directed three additional issues to be framed, two of which were in these terms: