KANDHA DAS Vs. INDUMATI DEVI

JUDGEMENT

(1.) THIS second appeal is by the sole defendant in a suit for title, declaration that her interest is not bound by the alienation by her father in favour of the defendant on 7-9-1959 under Ext. B and to recover possession. The defendant has lost in the courts below.

(2.) THE plaintiffs case was that her father Bachha Das was the owner of the suit property and he died leaving behind the plaintiff who is his daughter as the sole heir. Bachha executed a settlement on 5-1-1959 giving all his properties to the plaintiff and the plaintiff has been in possession ever since then. The defendant khandha happens to be a cousin of Bachha and when he disturbed her possession, proceedings under Section 144, Criminal Procedure Code were initiated which were subsequently converted to proceedings under Section 145, Criminal Procedure code. Possession was, however, found in favour of the defendant. Therefore the plaintiff has come with the present suit.

(3.) THE defence taken was that the property would be valued at Rs. 12,500/ -. Ext. B, the sale deed in his favour is also for the said land. In the circumstances the learned trial Judge had no pecuniary jurisdiction to try the suit. It was further claimed that the suit was barred by limitation. Bachha had cancelled the settlement dated 5-1-1950 (Ex. 3) and thereafter had executed the Ext. B, the sale deed in favour of the defendant. The defendant claimed to be in possession all throughout after the same.