SAROJINI BALA DASI Vs. NIRMALA DEVI

JUDGEMENT

(1.) This petition under Order XLVII, Rule 1 of the Code of Civil Procedure on behalf of the plaintiff is for review of the judgment dated 16th May, 1991 in Second Appeal No. 248 of 1985 whereby and whereunder a learned single Judge of this Court had set aside the judgment and decree of the first appellate Court as well as that of the learned Subordinate Judge, in Title Suit No. 56 of 1989.

(2.) The plaintiff claimed title on the basis of the purchase in the year 1963 from Duryodhan Khan who was a settlee of the property in suit. According to the plaintiff, Smt. Kamla Sundari Devi, wife of Duryodhan Khan was a benamidar of such property for her husband. On the other hand, the defendants had purchased the property from Hari Bala Dasi daughter of Kamla Sundari Devi some time in the year 1968. Admittedly, Kamla Sundari Dasi had only one daughter.

(3.) The learned Subordinate Judge, while disposing of the title suit as well as the Additional District Judge by his final judgment in appeal, held that the real owner of the property was the husband, namely, Duryodhan Khan and title of Kamla Sundari Dasi was ostensible. Accordingly, the defendants were directed to give vacant possession of the suit property to the plaintiff.