SANTANU KUMAR DAS Vs. BAIRAGI CHARAN DAS

JUDGEMENT

(1.) Plaintiffs' suit for permanent injunction at the first instance being decreed by the Lower Court and thereafter reversed by the lower appellate Court, they are in appeal.

(2.) Plaintiffs' case is, their paternal grandmother Satchi Dasi, wife of Krushna, the common ancestor, purchased the disputed lands more fully described in the plaint measuring about 1.17 decimals in village Urunia by two sale-deeds dated 21-3-1935 and 8-3-1937 respectively for a total consideration of Rs. 138/-

(3.) Plaintiffs are sons of Upendra and defendant No. 1 Bairagi is latter's younger brother. Satchi, mother of Upendra and Bairagi, was impleaded as defendant No. 3 but she died during the pendency of the suit. Dispute arose, according to the plaintiffs, when Satchi by way of a registered deed dated 21-6-1978 gifted away the property in favour of them and it is alleged that, when the plaintiffs tried to carry on agricultural operation, defendant No. 1 with his men created disturbance in the possession. Hence, plaintiffs filed the suit for permanent injunction. Defendant No, 1's case is, this property was the joint family property inasmuch as, this was purchased when the family members were living jointly and with a view to maintain goodwill in the family, this was so purchased in the name of Satchi but out of the common fund. That Satchi having her own Stridhan was denied. It was further pleaded that in the year 1968 when both the branches effected mutual partition by metes and bounds, defendant No. 1 since that year has been possessing half of the disputed land in his own right, title and interest. Therefore, he claimed dismissal of the suit.