SUDHANYA KUMAR HALDER Vs. HARIPADA HALDER

JUDGEMENT

(1.) This appeal by the plaintiff is directed against an appellate decree reversing the decree passed by a learned Munsif.

(2.) Plaintiff's father Dhruba, at one time, was the owner of about 17 1/2 Bighas of land. Dhruba either sold or mortgaged the major portion of his land and at the time of his death in the year 1342 B. S., was left with about 4 Bighas of cultivable land and a homestead. Dhruba was succeeded by the plaintiff, his infant son. Plaintiff's mother and guardian was an ignorant woman and used to work as a maid servant in the house of the defendant, Haripada, on whom she was said to have implicit faith and confidence.

(3.) It was alleged by the plaintiff that the defendant induced his mother and guardian to sell to him land measuring .6 of an acre, forming the front portion of the residential house of the plaintiff. On the 17th Bhadra, 1344 B.S. the mother of the plaintiff, acting as the natural guardian of the minor plaintiff, sold the aforesaid land to the defendant.