KANAILAL MANNA Vs. BHABATARAN SANTRA

JUDGEMENT

(1.) This appeal from appellate decree is at the instance of defendant Nos. 4, 5 and 6 who are the transferees from defendant Nos. 2 and 3. Then appeal arises out of a suit for declaration of title and possession of the properties described in the two schedules to the plaint brought by the three plaintiffs Bhabataran, Nrityataran and Gobardhan.

(2.) On May 19, 1913 one Kiranbala Dassi, a child widow sold away all her husband's brother Srinibas the father of defendants 2 and 3 and came to live with her father and her brothers, the plaintiffs as aforesaid; the three plots of land which constitute the suit property were purchased by her by three documents respectively dated May 18, 1924, November 19, 1928 and December 20, 1934; she died while possessing and enjoying these properties in 1360 B.S. and it appears that later in her life she had separated even from her brothers, the plaintiffs, and was living in a homestead situate on a part of the suit property.

(3.) Plaintiffs claimed that of the two schedules, the first one was purchased by them in the benami of their sister late Kiranbala and that the second schedule was purchased by her out of her "Stridhan" money and that on the death of Kiranbala they inherited the second schedule - the first schedule remaining their own property; in respect of the first schedule they had made an alternative claim namely that even if it was purchased out of her "Stridhan" money and as such they had inherited the same too; they instituted the suit because defendant No.1, who was a bargadar, had set up a claim that on the death of Kiranbala it was defendants 2 and 3, her husband's brother's sons, who became the owners of the properties and because the plaintiffs also came to know that the defendants 2 and 3 treating the properties to be a part of their inheritance on the death of Kiranbala sold the same to defendants 4, 5 and 6, appellants.