UJALBI BIBI Vs. UMAKANTA KARMOKAR

JUDGEMENT

(1.) A certain jote belonged to one Ataulla, and the plaintiff No. 1, who is his daughter, and the plaintiffs Nos. 2 and 3, who are his granddaughters through a daughter, brought the suit for a declaration of their title to 14 annas 5 gundas share of the jote and to recover possession from the defendant No. 1, who claimed the property as mortgagee purchaser from Amirulla, the husband of the sister of plaintiff No. 1, (who is also the mother of the plaintiffs Nos. 2 and 3), and who denied that the jote in question over belonged to Ataulla.

(2.) Both the Courts below have found that the jote belonged to Ataulla, and not to Amirulla, and this finding is not contested in this appeal.

(3.) It has, however, been pleaded on behalf of the defendants that the suit was barred by limitation.