TARAPROSAD SAW Vs. MADHU SUDAN GIRI

JUDGEMENT

(1.) The suit out of which this appeal arises was brought by the reversionary heir of one Govinda Giri on the death of his widow Kausalya in the year 1916 for a declaration that the defendant No. 1 had acquired no title by his purchase at, the sale in execution of a mortgage- decree against the widow.

(2.) The facts shortly stated are these. One Govinda Giri died in the year of 1868 sonless leaving a widow Kausalya; she lived with Govinda's cousin Tulsaram who was her next reversioner, in her husband's house but Tulsaram drove her away from her house in the year 1891, She brought a suit against Khirode grandson of Tulsa ram and recovered a decree for the share of the land which was left by her husband, and it appears that in that suit she was assisted by the present plaintiff and his brothers who were the sister's sons of Govinda.

(3.) In execution of a decree for mesne profits, against Khirode she purchased Khirode's half share in 1896, and was since then in possession of the entire property consisting of 20 bighas 2 cottahs and 13 chittaks of land. But she was again disturbed in her possession by the present plaintiff and his brothers and was dispossessed of 7 bighas out of 10 bighas of lands which were left to her after she had sold other lands. Then she brought a suit for possession of those 7 bighas against the present plaintiff and his brothers in 1908 and obtained a decree for possession on the 8 December of that year.