KALIKADAS BANDOPADHYAY Vs. JILLAR RAHMAN

JUDGEMENT

(1.) This is an appeal by defendant 1 from a decree of the Subordinate Judge of Burdwan setting aside a patni sale.

(2.) The plaintiffs case was that Lot Teora, bearing touzi No. 1 of the Burdwan Collectorate, appertains to the zamindari of the Maharaja of Burdwan, defendant 4 in the suit, and that in respect of the said lot there was a patni, which defendant 2, held as patnidars. Their case farther was that defendant 3, held in darpatni a mehal, named Mouza Chandanpnr alias Sisua under the patni, at a rental of Rs. 1,100 per annum; that by a wakfnama in respect of that mehal, executed in 1321, she had constituted herself and her husband, plaintiff 1, as muttawalis, and that, subsequently in 1330, she appointed her son, plaintiff 2, in her place as mutawalli. The plaintiffs case thus was that they were muttawalis and in that capacity in possession of the said darpatni. The plaintiffs case further was that there were other darpatnidars under the patni, defendant 2, himself having a darpatni in some mehals, which stood in the name of his mother, and defendants 5 to 7 also holding other darpatnis. The plaintiffs alleged that they were not really in default, but defendant 2 fraudulently and, out of evil motive, prevented them from paying in their darpatni rent, and intentionally defaulted in the payment of the rent of the patni and thus brought about a sale for the arrears due for the last half-year of 1330 amounting to Rs. 2,361-4-3 and fraudulently got the patni, which was worth Rs. 50,000, purchased by his father-in-law, defendant 1, for a paltry sum of Rs. 2,500 in benami for himself, The plaintiff's on these allegations instituted the suit to set the sale aside.

(3.) Defendants 5 to 7 supported the plaintiffs and Nos. 1, 2 and 4 contested the suit. All pleas taken in defence were overruled and the Court below made a decree in plaintiffs favour setting aside the patni sale, and declaring that the plaintiffs darpatni mehal was not affected by it and that the plaintiffs should recover possession of the same.