(1.) This appeal arises out of the judgment and decree passed by Shri Satyanarayan Bhattacherjee, the learned Additional District Judge, 9th Court, Alipore, reversing those of dismissal passed by Shri P. Dulta, the learned Subordinate Judge, 4th Court at Alipore and remanding the case for fresh trial after giving the plaintiff appellant an opportunity for local investigation for relayment of her deeds of title for establishing identity with the suit plots.
(2.) The plaintiff commenced the suit for partition and for recovery of possession and mesne profits on the following averments:-- One Abdul Hakim auction purchased 8 annas share of the suit lands being C. S. Plots Nos. 391 and 392 appertaining to khatian No. 469 of mouza Sultanpur P. S. Dum Dum in Execution Case No. 516 of 1921 of the Court of Munsif, Sealdah and got the sale certificate. The suit lands were said to be Items Nos. 2 and 8 at the sale certificate. The remaining 8 annas share of those lands belonged to one Elejan Bibi.
(3.) Abdul Hakim sold his 8 annas share to Sukurjan Bibi under a registered sale deed dated 25-6-1923 along with other lands and put her in possession. Sukurjan gave 7 annas share to her daughter Kulsun Bibi and as such she had 1 anna share. The shares of Sukurjan, Kulsun Bibi and Elejan Bibi were rightly recorded in the District Settlement Khatian. On the death of Sukurjan her only daughter Kulsun Bibi inherited her 1 anna share and became owner to the extent of 8 annas share and then on the death of Kulsun Bibi her husband Sarup Mondal and son Moiman Sultan inherited the said 8 annas share. The 8 annas share of Elejan Bibi was purchased by one Mihilal Band and the defendant was subsequent transferee from him. Sarup Mondal and his son Moiman Sultan sold their 8 annas share under two registered kobalas dated 2-1-59 and 4-2-59 to the present plaintiff and put her in possession. But in the recent revisional settlement the defendant got the entire suit lands recorded in his name and unlawfully dispossessed the plaintiff in March 1959. Hence, the suit