BAKAULLAH MOLLAH Vs. DEBIRUDDI MOLLAH

JUDGEMENT

(1.) The case for the plaintiff-respondent was that he had previously purchased some land from one Jadunath Pramanik and that, hearing that Jaduuath was inclined to sell the 17 bighas, 9 cottas of land which form the subject of the present suit, and fearing that Jadunath would not consent to sell the land to him because, after the purchase of the other land, there had been a quarrel between them, he instructed one Umar Ali to purchase the 17 bighas, 9 cottas of land for him from Jadunath. The purchase was made in the name of Umar Ali by a conveyance dated the 17th Jaisth 1311 B.S. and the price paid is stated to have been Rs, 250. After the conveyance had been executed, it is stated that Jadunath discovered that the plaintiff was the real purchaser and refused to have the document registered. It was, however, eventually registered at the instance of Umar Ali; but Jadunath had, in the meantime, conveyed the land to the defendants Bakaullah and others, who were put in possession and refused to relinquish it. In consequence, a suit to establish his title and recover possessions was brought by Umar Ali against the defendants, and it was decreed. The plaintiff s case is that Umar Ali was his benamdar throughout. It was he--the plaintiff--who took the necessary steps through Umar Ali to have the kabala registered. And although, it may here be observed, it is extremely doubtful whether a benamdar can maintain a suit for the recovery of possession of land, Umar. Ali merely lent his name for the purposes of the suit referred to, and all the expenses connected with it were borne by the present plaintiff. Afterwards, it is said, Umar Ali was won over by the defendants Bakaullah and others who are his relations, and he sold the property in suit to them. When the plaintiff went to take possession on the strength of the decree obtained by him in the name of Umar Ali, he was again resisted by the defendants, and the present suit was instituted by the plaintiff against Umar Ali and the other defendants for a declaration of his title and for recovery of possession of the land.

(2.) Umar Ali died after the institution of the suit, and his wives were substituted in his place. The Judge of the Court of first instance found that Umar Ali was the benamdar of the plaintiff in the purchase of the land from Jadunath, that the plaintiff was the real purchaser and that, therefore, he was entitled to the reliefs claimed in the suit. He accordingly granted a decree in the plaintiff s favour. There was an appeal to the lower Appellate Court, but the judgment and decree of the Court of first instance were affirmed and the appeal was dismissed.

(3.) This appeal is preferred on behalf of Bakaullah and others, defendants Nos. 3, 4, 5 and 6 in the lower Courts, who claim to have purchased the land from Umar Ali after the decision of the title suit in which Umar Ali was the plaintiff.