BROJO NATH CHUCKERBUTTY Vs. UDAY CHANDRA CHUCKERBUTTY

JUDGEMENT

(1.) The lands in dispute together with some other lands belonged to two brothers Gauri Kant and Kashi Kant. Their rights were purchased by one Uma Kant who also was their brother. On the death of Uma Kant his son granted a lease of the lands to the plaintiff one of the sons of Gauri Kant. He sues for possession of a moiety of the lands alleging that he is in possession of the other moiety. The defendant No. 2 is the widow of Kashi Kant. She sold an eight-anna share of the lands to the defendant No. 1 and took a sub-lease from the latter and is residing in the huts standing on the land.

(2.) The defence is that the lease was granted in the name of the plaintiff for the benefit of his father and his aunt the defendant No. 2, and that plaintiff s brothers not having joined with him as plaintiffs the plaintiff alone could not maintain the suit and that the suit was barred by limitation.

(3.) The Court of first instance holding that the plaintiff was the benamdar of his father and aunt and that the suit was barred by limitation dismissed the suit.