SRINIBAS DHELIA Vs. HARIRAM TULCHAN AND ORS.

JUDGEMENT

(1.) THIS is a petition for leave to appeal to the Supreme Court from the judgment and decree of this Court dated 5th January 1950, by which the decree of the trial Court was affirmed. Leave is sought on the basis that the present value of the property in dispute exceeds Rs. 20,000; the decree also involves indirectly a claim or question respecting property of like value and the case involves substantial questions of law. It is also claimed in the petition that the case is a fit one for appeal under Clause (c) of Article 133 of the Constitution of India. The defendant is the petitioner.

(2.) WE do not think any substantial question of law is involved in this case. Plaintiffs -respondents were the transferees of the property in suit. They purchased it from the sons and grandsons of Jainarain by a registered deed dated 9th May 1941. The property sold consisted of 8 days (fields) measuring 4 K. 19 L. There were also super structures on the land which were included in the sale.

(3.) THE defence set up by the petitioner was that Ramjasrai, father of Jainarain, and Ramchandra his father were brothers. They were members of a joint Hindu family. They started joint business when they came to Assam (from Rajputana) at Khowang and Khowant T. E. in the name of Ramjasrai Jainarain and acquired properties in Dibrugarh sub -division including the suit property, with the proceeds of this bussiness.