LAWS(CAL)-1968-6-23

CHATTOPADHYAY Vs. BISESWAR KOER

Decided On June 26, 1968
CHATTOPADHYAY Appellant
V/S
BISESWAR KOER Respondents

JUDGEMENT

(1.) THIS is an appeal by the plaintiff, mrityunjay Chattopadhyay, whose suit for declaration of his title to plot No. 1121, a homestead land, admeasuring. 04 acre, under khatian No. 386, exhibit 5, of mouza Saonta, police station Mangalkote, within the subdivision of Katwa, and for recovery of khas possession thereof, after eviction of the defendant bisheswar Koer, has failed in the Court of first instance and also in the court of appeal below.

(2.) ONE Nutbehari Bagdi was the owner of the aforesaid plot. His wife, as also his two sons, Satya and Fakir, and Satya's wife too, predeceased him. So, when he died on December 13, 1945, fakir's widow, that is, Nutbehari's widowed daugher-in-law Soroshibala, was, it is said, his only heir.

(3.) LEAVING aside points concluded by findings of fact and no longer insisted upon, all that need be stated now is that on November 5, 1957, Soroshibala sold the disputed plot to the appellant.