LAKHI GUHA Vs. NANDA KUMAR BASU

JUDGEMENT

(1.) This is a suit between Certain parties whom I may call the Boses as plaintiffs on one hand and the Guhas as defendants on the other. The suit was brought by the former against the latter for declaration of title of their predecessor to the properties mentioned in the schedule to the plaint and for possession of the same. The plaintiff No. 2 claims under plaintiff No. 1 who has made a gift to him of 1/3 of the properties claimed. The family of the Boses is given in the following table in which the parties who are dead and with whom we are not concerned are omitted.

(2.) The family of the Guhas is shown in the following table:

(3.) Nanda Bose, the original plaintiff, died during the pendency of the appeal and his son Satish has been substituted as his heir. Chandra Kanta died on the 24 August 1881 and Manikyamala on the 19 January 1907. Akshoy was adopted as his son by Chandra Kanta. The adopted son died on the 25 January, 1898 and after his death Manikyamala adopted Chintaharan, the "plaintiff No. 2. His adoption was subsequently set aside and it is admitted that the plaintiff No. 1, Nanda Lal Bose, was and now his son Satish is the next reversioner to the estate of Akshoy Bose deceased. In the table of the Guhas, Lakshami Priya Guha and Rai Charan Guha, defendants Nos. 1 and 2, are the executrix and executor respectively of the estate of Ambica Guha. The subject matter of the suit, viz., the properties mentioned in the schedule and numbered 1, 2, 3 and 4 was formerly in the ownership of certain persons named the Rebellos who mortgaged the same to Ambica Guha and Manikyamala Bose. Of the properties mentioned in the schedule representing 2 annas belonging to the Rebellos, the plaintiff is in possession of one anna and the defendants have the other anna. The plaintiffs claim from the defendants out of the one anna held by them some 13 gandas odd leaving a sum of 6 gandas odd only with the defendants.