KALI KUMAR BIDYARATNA Vs. SRIMATI MISRI JAN

JUDGEMENT

(1.) The plaintiffs in this case are the heirs of one Khadim Ali, the husband of plaintiff No. 1 and the father of plaintiffs Nos, 2 and 3. They sued for a declaration of their ryoti right to the land in suit as haying been purchased by Khadim Ali from the heirs of one Neyamat Ali. The plaintiffs also claimed khas possession of the lands with mesne profits.

(2.) Both the Courts below have granted the plaintiffs a decree, and the first defendant has appealed.

(3.) The facts are as follows: The land in suit belonged to Neyamat Ali. Neyamat Ali died, leaving two sons, Rajjab Ali and Fazul Rahman, three daughters, Kamaljan, Misri Jan, (plaintiff No. 1) and Aloke Jan, and a widow, Petan Bibi, as his heirs. A decree had been passed in favour of defendant No. 1 against all the heirs of Neyamat Ali. On the 9th of July 1904, four of those heirs, namely, Rajab Ali, Fazul Rahaman, Kamal Jan and Misri Jan purported to sell the land in dispute to Khadim Ali, the husband of Misri Jan. It has been found as a fact and we accept it that this was a bona fide purchase for value. On the same day, the 9th of July 1904, the defendant No. 1 applied for execution of his decree, and some time afterwards attached the land in dispute. The defendant No. 1 as such decree-holder had the property put up for sale and purchased it himself. He is now in possession, and hence this suit has been brought.