LAWS(PVC)-1920-5-67

BHAIRAB CHANDRA MONDAL Vs. JIBAN KRISHNA MONDAL

Decided On May 20, 1920
BHAIRAB CHANDRA MONDAL Appellant
V/S
JIBAN KRISHNA MONDAL Respondents

JUDGEMENT

(1.) This is an appeal by the plaintiffs in a suit for recovery possession of land on declaration of title.

(2.) The defendants resisted the claim on the ground that they had acquired a good title under an exchange.

(3.) The Courts below have found that is exchange was effected in the manner pro vided by the Transfer of Property Act that is, as the value of the property was less than Rs. 100, the plaintiffs deliverec possession of the disputed land to this defendants. This is prima facie a completi answer to the claim, but the plaintiffs have established that, though at the time of this exchange they were in possession of tb whole of the property, they had not 8 complete title thereto, as they were themselves purchasers from persons who were entitled only to a half share. Their contention, in substance, is that the defendants acquired a good title to that half share alone and have no title to the remainder.