NIRANKA CHANDRA Vs. ATUL KRISHNA GHOSE

JUDGEMENT

(1.) This appeal arises out of the suit for setting aside the sale of a putni tenure held under Reg. VIII of 1819, and for declaration of title to and possession of 8-annas share of the putni tenure. There were alternative prayers, namely, that if the sale be not set aside the defendants Nos. 2 and 3 be directed to convey an 8-annas share of the putni to the plaintiff, and if that sale (and an earlier sale of the putni) be set aside the plaintiff prayed that his title to 1/3 share in the putni might be declared.

(2.) It appears that the putni tenure (Mahal Dabibarpur) was held under the Maharaja of Burdwan who is the defendant No. 1 in this case. The plaintiff as well as the defendants Nos. 6 to 27 were the putnidars. The plaintiffs share originally was one-third in the tenure by right of inheritance, and the remaining 2/3rds belonged to the defendants Nos. 6 to 27. The putni fell into arrears and was sold under Reg. VIII of 1819 on the 15 May, 1916, and was purchased in the name of defendant No. 2.

(3.) The plaintiff says that in that purchase he had an 8-annas share, because he had paid one-half the purchase money so that although he had 1/3 share by inheritance he became a sharer to the extent of 8 annas by the purchase. On the 29 May, 1916, the defendants Nos. 6 to 9 instituted a suit (Suit No. 309 of 1916) for setting aside the putni sale.