BARIKO BAURI Vs. SARIAMONI PANDIANI

JUDGEMENT

(1.) DEFENDANTS are the appellants against a reversing judgment in a suit for a declaration of title to and recovery of possession of the suit lands.

(2.) ACCORDING to the plaintiff, the suit lands originally belonged to one Madan satpatby who left two daughters Kundan and Ratan. After the death of Madan and his widow Tara. the two daughters inherited the properties. Plaintiff and Hiramoni are the two daughters of Kundan. Her father purchased the share of Ratan. After her parent's death, she alone with her sister Hiramoni succeeded to the properties. She purchased the share of Hiramoni in the year 1943 and thus became the full owner of the suit properties. She mortgaged the suit properties to defendant No. 1 under a usufructuary mortgage in 1947 for a period of ten years and put him in possession. On expiry of the said period, the mortgage having been satisfied, she got possession of the properties in January. 1958 -. While she was thus in possession, it is alleged that the defendants trespassed upon the suit lands on 163-64 and interfered with her possession. This led to a proceeding u/s. 145 Cr. P. C. which having terminated in favour of the defendants, the present suit was filed by her.

(3.) DEFENDANTS denied the title of the plaintiff to the suit lands, the alleged mortgage in 1947 and re-delivery of possession in 1958. According to them, the lands originally constituted baniar which they reclaimed and have been in possession since the time immemorial. Thev also challenged the maintainability of the suit as framed.