SAFAR ALI Vs. MOHESH LAL CHOWDHURY

JUDGEMENT

(1.) The land in suit in this case originally belonged to one Bado Mondol. He died leaving three sons, Kalu, Talewar and Akal. It has been found that they succeeded to equal shares in the property and that the shares of Talewar and Akal have come to the plaintiffs, although within these shares there is one share, namely, one-sixth which the defendants held as under- tenants. The share of Kalu has come to the defendants.

(2.) The defendants appeal and on their behalf it is argued that the plaintiffs title has not been proved to the one-third share of Talewar.

(3.) This contention, in ray opinion, must succeed. It is proved that the share of Talewar came ultimately to Giridhari Lal and it is said that he sold it to the plaintiffs by a registered deed. That deed, however, is not produced and so far as we know, no foundation has been laid for the admission of any secondary evidence with respect to it. It appears to me, therefore, that no evidence of that sale can be adduced under Section 91 of the Evidence Act and that being so, the plaintiffs title to the share must be regarded as not proved.