BIDUR CHANDRA PAL Vs. ATUL CHANDRA MANNA

JUDGEMENT

(1.) The present Second Appeal, at the instance of the plaintiff, is directed against the judgment and decree dated 29.11.1975 in Title Appeal No.188 of 1960 passed by the learned Subordinate Judge, Second Court, Midnapore, affirming those dated 7.5 .1960 passed by the learned Munsif, Second Court, Contai, in Title Suit No.132 of 1958, dismissing the plaintiff's suit under, Order 21 Rule 103 of the Code of Civil Procedure for setting aside the order of dismissal of Misc. Case No.129 f 1957 of the First Court of the learned Munsif, Contai, upon declaration that the plaintiff is entitled to get back possession of the suit land.

(2.) The disputed property originally belonged to one Nabin Chandra Jana, who transferred the same to his two nephews Rudra Narayan and Markanda Jana, both sons of Kamal Lochan Jana, in equal shares; Rudra Narayan was succeeded by his only son Bhuban and Markanda by his only son Jiban; on 2.6.1951 Jiban sold his eight annas share to one Tarani Kumar Jana; on 6.8.1958 Bhuban sold his eight annas share to the predecessor-in-interest of the present plaintiff; defendant No.1 auction purchased he suit property in Execution of a Money Decree obtained by him against Jiban and took delivery of possession whereupon the aforesaid proceedings were initiated by the plaintiff, the purchaser from Bhuban.

(3.) The defence of the auction purchaser (defendant No.1) was that there was an amicable partition between Jiban and Bhuban whereupon entire suit property has been allotted to Jiban, who sold half of the same to Tarani and the remaining half had been auction purchased by the said defendant. Plaintiff being purchaser from Bhuban had no title to claim with regard to the suit property.