RUP CHAND GHOSH Vs. SARVESWAR CHANDRA CHANDRA

JUDGEMENT

(1.) The facts of the case, out of which this appeal arises, are as follows: The plaintiff alleges that he has purchased a plot of 8 cottahs of land in Kidderpore from one Punti Bewah and seeks to eject the defendant, who is now in possession of it. He admits that his vendor Punti Bewah previously to his purchase of it sold the and to the defendant, but he alleges that this sale was a fraudulent one, brought about by undue influence on the part of the defendant, who was Punti Bewah's mukhtear in certain criminal cases.

(2.) The defendant contended that Punti Bewah had no title to the land and that the true owner of the land was Narain Khela, from whom he purchased it. He admits that he previously purchased the land from Punti Bewah in ignorance of the title of Narain Khela, but avers that, when he learnt of Narain Khela's title, he obtained a conveyance of it from him.

(3.) The Judge has found (1) that Punti Bewah had no title to the land either by inheritance or adverse possession, (2) that it belonged to Narain Khela, (3) that the plaintiff paid no consideration for the deed of sale, which Punti Bewah executed in his favour for the land and that therefore there was no real sale by Punti Bewah to the plaintiff. He accordingly dismissed the suit.