JOITARAM RAMKRISHNA Vs. RAMKRISHNA MANDAL

JUDGEMENT

(1.) In this case the plaintiffs seeks to recover possession of a certain portion of land which originally formed part of the joint ancestral property of his father (the defendant No. 1) and his father's brothers. In 1870 plaintiff's father and the Brothers of plaintiff's father separated in interest, hat the field of which the land in suit forms part was provisionally assigned for the maintenance of their mother, and therefore was not at the time partitioned. Subsequently, after the death of the mother, the plaintiff's uncles executed, as to their unpartitioned share in that field, a document in favour of the plaintiff, then an infant, purporting to be a deed of gift. The document is Exhibit 17. It is dated 15 November, 1877, and was duly registered. According to its provisions the plaintiff's mother was to be the guardian of the plaintiff for the purposes of that property. It is not alleged that the plaintiff's uncles ever themselves enjoyed personally possession of the land in question, or delivered possession thereof to the plaintiff or to any one on his behalf. The plaintiff's father who was in possession remained in possession, paid the assessment and apparently had undisturbed management. In 1885 the plaintiff's father executed a mortgage, which included the property in suit. This mortgage was without possession.

(2.) On 1 January, 1887, the mortgage of 1885 was redeemed by moneys obtained from defendant No. 2, advanced on a mortgage with possession of the same land.

(3.) The plaintiff attained majority in 1892 and instituted the present suit on 2nd January, 1899, making his father a party thereto as well as defendant 2, the mortgagee before mentioned.