KATAI MIA AND ORS. Vs. SUKHAMAYEE CHAUDHURANI

JUDGEMENT

(1.) THIS is a Letters Patent appeal. It arises from a suit for a declaration of title to and possession of the land in suit.

(2.) THE case of plaintiff -respondent was that she had jote settlement of the land through her son, Sri Nitva Mangal Chaudhury, from the Khajanchi Bari Zemindars of the Sylhet District. In 1347 B. S. she mortgaged the land to defendant No. 1, Katai Mia and Farjan Ali father of defendants 2 to 5 for a sum of Rs. 210/ -. The mortgage was 'Khai Khalasi' viz, usufructuary. She asked the defendants to hand over the land to her as the mortgage stood extinguished by operation of law. They declined to hand over. Her suit was for recovery of possession without any payment of money.

(3.) THE trial Judge found that the land had been sold by the plaintiff to the defendants. The suit was dismissed on that finding. On appeal the learned Judge found that there was no valid mortgage or sale of the property. Plaintiff therefore retained her interest in the property and as her suit was within twelve years from the date of her dispossession, she was entitled to succeed. The decree of the trial court was reversed and the suit decreed. The defendants appealed to this Court. The case was heard by my learned brother Deka J. before him it was argued that the very settlement on which the plaintiff based her case was invalid. There could be no oral settlement.