CHANDRA KUMAR ROY Vs. RAJESWARI DEVI

JUDGEMENT

(1.) FIRST Appeals Nos. 14 of 1966 and 2 of 1967, filed respectively by Chandra Kumar Roy and Birendra Bijoy Majumder, arise out of Title Suit No. 30 of 1964 instituted by Kashi Prasad Misra on 30th of November, 1964, for possession of certain properties comprised in jote No. 188, mouja Purba Debendra Chandra Nagar. All-told there were 12 defendants in the suit including the two appellants who were respectively defendants Nos. 2 and 1. The suit was decreed against all the defendants by the trial Court and since defendants Nos. 3 to 12 have not come up in appeal this Court is not concerned with those parts of the properties which were in their occupation.

(2.) FERU Goala, by common agreement was the jotedar of lands covered by jotes Nos. 187, 188 and 189 of the mouja aforementioned. It is also not in dispute that Kashi Prasad Misra had secured a money decree against Feru Goala and that in execution of that decree all the three jotes were attached, Court auctioned, and purchased by the decree-holder himself. The sale in favour of the decree-holder was confirmed by the Court on 29-3-1954 and according to the allegations made in the plaint the plaintiff had secured possession of the lands purchased by him on 2-10-1955 through the Court. He alleged further that he had made over the lands purchased by him to some of the defendants (other than the appellants) as labourers but since those defendants did not share the produce with him he was left with no alternative but to file a suit for possession of the lands. It was also alleged that Feru Goala had made a large number of alienations of the lands purchased by him (the plaintiff) that Feru Goala had no authority to make any transfers of the lands of which he had ceased to be the owner and that as such he was not bound by house transfers.

(3.) THE defendant No. 2 laid claim to 6 kanis of land in jote No. 188 qua which he had allegedly entered into agreement of sale with Feru Goala in Baishakh, 1353 B. S., and added that he had built his homestead on 2 kanis out of the same. Another plea set up by him was that in respect of this 6 kanis of land he had filed Title Suit against Kashi Prasad Misra and Feru Goala who had respectively been cited in that suit as defendant No. 1 and defendant No. 2, that suit was decreed in his favour, and that Second Appeal No. 19 of 1962 arising out of that suit was pending decision in the Court of the Judicial Commissioner.