PRAGASH CHOUDHURY Vs. DULHIN BUTANI KUER

JUDGEMENT

(1.) The deft is the applt in this second appeal having lost in both the Cts below. The pltf Dulhin Butani Kuer, daughter of one Dwarka Choudhury, had brought this suit for declaration of her title to & recovery of possession over the disputed lands together with mesne profits on the allegation that the deed of gift dated 28-2-1921 & the bazidawa dated 13-3-1939, were fraudulent, illegal & void.

(2.) The pltf's case was that the property in suit belonged to her father Dwarka Choudhury, who died leaving behind him his widow Mt. Gango Kuer & his daughter, the pltf Mt. Gango Kuer, on the death of Dwarka Choudhury, succeeded to his properties. As she was a purdanashin lady, her affairs were looked after by the deft who was a son of her sister's husband & this deft lived with her although he was a resident of another village. The deft was able to get deed of gift executed by the said Mt. Gango Kuer on 28-2-1921 in his favour, transferring to him all the properties left by Dwarka Choudhury & which are the subject matter of this suit. The pltf further alleged that fraud had been committed by the deft upon Mt. Gango Kuer in getting this deed of gift executed in his favour. Mt. Gango Kuer died in the year 1934 & the pltf succeeded her as the only daughter left by Dwarka Choudhury. She lived at her husband's place & the management of the properties was, as before, left with the deft. It is further said that the pltf who also is a 'purdanashin' lady, was fraudulently induced to execute a deed of 'bazidawa' dated 13-3-1939. Some two years before the suit, when the deft stopped giving produce of the lands to the pltf & when she attempted to take khas possession, she was resisted by the deft who disclosed the" nature of the two documents on the basis of which he asserted title to the properties in suit.

(3.) The defence was that the pltf was not the daughter of Dwarka Choudhury & that Mt. Gango having died in the 1928, the suit, which was brought in the year 1945, was barred by limitation & adverse possession. It was further alleged that the deft was the son-in-law of Dwarka Choudhury, the last male holder, having married his only daughter named Mt. Lagni & that the two ladies, namely, Mt. Gango Kuer & the pltf had, with full knowledge & free will & after having independent advice, executed the two documents in question in his favour. It was also said that the pltf had relinquished all her rights in the properties by means of the 'bazidawa', aforesaid, & that no title was left With her.