GURUMAYUM SANAHANBI DEVI Vs. GURUMAYUM ONGBI IBEMPISHAK DEVI

JUDGEMENT

(1.) THIS appeal is by the defendants and is from the judgment and decree passed by the Second Subordinate Judge, Manipur, in Title Suit No. 33 of 1963.

(2.) THE plaintiffs are two in number; plaintiff No. 1 is the mother of plaintiff No. 2. Their case is that, Mani Sharma, husband of plaintiff No. 1, died on 19-9-1963 leaving behind his widow, plaintiff No. 1, and two daughters-plaintiff No. 2 by plaintiff No. 1, and defendant No. 1 by his pre-deceased first wife. Mani Sarma left the suit land described in the schedule of the plaint. He became insane at the age of 40 and defendant No. 1 and her husband, defendant No. 2, were appointed guardians of the person and property of Mani Sharma. After the death of Mani Sharma, defendant No. 1 in collusion with her husband defendant No. 2 sold away about 14 bighas of land to defendant No. 3 on 25-9-1963 without the knowledge and consent of the plaintiffs. The plaintiffs demanded of defendant No. 1 partition of the land. As she refused it, the plaintiffs filed the present suit for partition. The plaintiffs claim that on the date of the death of Mani Sharma they and defendant No. 1 are entitled to equal shares in the suit land.

(3.) THE learned Subordinate Judge held that the plaintiff No. 1 had not been divorced by Mani Sharma and plaintiff No. 2 was the daughter of late Mani Sharma. He also held that defendant No. 3 failed to prove that he was a bona fide purchaser of the land and that the defendants have failed to prove that the sale was for legal necessity. Hence this appeal.