DASARATHI CHOWDHURI Vs. NILAMBORO SUBUDHI ORS.

JUDGEMENT

(1.) FIRST appeal No. 95 of 1949 arises out of Title Suit No. 57 of 1946 and First Appeal No. 45 of 1949 arises out of mortgage suit (T.M.S.) No. 13 of 1947. Both the suits were tried together in the Courts below and they are covered by one judgment dated 4th January 1949 of Sri R.C. Misra, Subordinate Judge of Berhampur. This judgment of ours will cover both the appeals which were heard together.

(2.) FROM the genealogy it will appear that one Harakrishna (I) had five sons. The fifth son was Purusottam who died long since. His son Harakrishna (II), who was the last male holder in respect of the properties in dispute, died on 21st July 1919 leaving behind him his widow Maliani, who died on 30th September 1923, and his mother Gellamoni who died long after on 8th October 1946. The Plaintiff in the Title Suit, Nilamboro, is the only surviving male member of all the other four branches. It is the common ground that Harakrishna (II) was separate.

(3.) IT is to be mentioned here that Defendants 5 and 35 in the Title Suit have brought First Appeal No. 95 of 1949. Dasarathi, who is the Plaintiff in the Mortgage Suit and Defendant No. 35 in the Title Suit, has brought First Appeal No. 45 of 1949.