BROJENDRA CHANDRA SARMA Vs. PROSUNNA KUMAR DHAR

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Newbould, is a suit brought by the appellant to recover possession of a property conveyed during his minority by his mother and uncle on the 23rd August 1904.

(2.) The case for the plaintiff is, that the property belonged to his father, and that there was no occasion for its transfer by his mother who was his natural guardian. The case for the purchasers is that the property belonged to the joint family and that there was legal necessity for the alienation.

(3.) The Court of first instance and the Subordinate Judge have concurrently found that the property did not belong to the family but was owned exclusively by the father of the plaintiff. The Courts have also found that there was no necessity for the sale. In this view, the Subordinate Judge, in affirmance of the decree of the Court of first instance, has decreed the suit.