DURGA CHARAN CHANDRA Vs. KHORDA CO LTD

JUDGEMENT

(1.) The plaintiff-appellant sued the defendant company for damages for having demolished a building, a 19/80th share of which is alleged by the plaintiff to have been purchased by him from one Ram Chandra Banerjee in the name of one Bepin Behari Haldar on the 10th December 1907. The defendants also purchased the same share from the heirs of Ram Chandra on the 22nd September 1908. They also purchased the remaining shares from the other co-sharers and dismantled the whole building in October 1908.

(2.) The defence was that the alleged purchase by the plaintiff from Ram Chandra was a colourable and lienami transaction and the plaintiff had not acquired any title under it.

(3.) The Court of first instance placed the burden of proving the lienami upon the defendants, and decreed the suit, but that decree was reversed by the District Judge on appeal, and the decree of the District Judge was affirmed on second appeal by Mr. Justice Coxe. The plaintiff has preferred this appeal under the Letters Patent.