SURUCHI BALA Vs. SURUCHI BALA DEB

JUDGEMENT

(1.) THIS appeal is by the plaintiff, who lost in both the Courts below. The plaintiff's suit was for declaration of her 3 Annas 6 Gondas 2 Koras 2 Krantis share of the jote right in the land described in Schedule I, and for partition and for delivery of khas possession of the land described in Schedule II to the plaint (hereinafter referred to as 'the suit land').

(2.) THE material facts of her case, may be, briefly, stated as follows :

(3.) AFTER the written statement was filed, the plaintiff amended her plaint and added a new para being Para 6A. She has admitted that on 27-9-45 Washil Ali Choudhury executed a Hiba-bil-Ewaz in favour of Masukuddin Choudhury but she has alleged that defendant No. 6 filed Title Suit No. 42/53 in the Court of Munsiff, Karimganj for cancellation of the Hiba-bil-Ewaz and by a decree dated 31-5-58, the Court declared the said Hiba-bil-Ewaz to be null and void.