AKSHOY KUMAR BOSE Vs. SUKUMAR DUTTA

JUDGEMENT

(1.) The property which is the subject-matter of this litigation was acquired by Satish Chandra Dutta, father of defendants 1 and 3 in the year 1906 by a patta from Narendra Nath Das and others. Satish had a brother named Sital. Respondent 1 is the son of Sital and brought the suit for partition of the property on the allegation that the property, though acquired in the name of only one brother Satish, was really the joint property of the two brothers Satish and Sital. The present appellant was impleaded as defendant 4, as he had acquired a portion of the property in suit by settlement from Satish and another portion by purchase from the heirs of Satish. Other defendants were, apart from the sons of Satish, the other tenants who were in possession of parts of the property, having taken settlement either from Satish or his heirs.

(2.) The defence was that the property was not joint and was really the personal property of Satish acquired with his own money.

(3.) The trial Court rejected the defence contention, believed the plaintiff's case and decreed the suit.