PANCHU Vs. HRISHIKESH GHOSE

JUDGEMENT

(1.) This is a second appeal from a decree of the lower appellate court, affirming the decree of a learned Munsif.

(2.) Plaintiff who is the appellant, brought a suit for declaration of his title to and recovery of possession of the southern half portion of c.s. plot No. 712 of Mouza Bilashi. There was an alternative prayer for partition of the said plot No. 712, if the plaintiffs claim for separate possession of the southern half of the plot was uot made out.

(3.) Plaintiffs case was that defendant No. 1, Hrishikesh Ghose, was the owner of a moiety share of c.s. plot No. 712. During the minority of defendant No. 1, his paternal grandmother and guardian, Haribala Dasi, granted a permanent settlement of the southern half portion of plot No, 712 to one Satish Chandra Ghose, by a patta, dated Chaitra 17, 1349 B.S. (corresponding to March 31, 1943). Satish Chandra Ghose remained in possession of the said portion of c.s. plot no, 712 for some time and thereafter, by a conveyance, dated Chaitra 11, 1350 B. S. (corresponding to March 25, 1944), sold the said property to the plaintiff. The plaintiff claimed to have remained in possession of the southern half of the c.s. plot No. 712 after having effected a partition or under an amicable arrangement with his other co-sharers. until November 10, 1949, when he was dispossessed by defendants Nes. 3 to 16, who were in collusion with defendants Nos. 1 and 2. Hence the suit by the plaintiff, out of whieh this appeal arises.