JITENDRA NATH MONDAL Vs. NANDALAL DASS

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment and decree of the Subordinate Judge, Asansol, District Burdwan.

(2.) Briefly stated, the plaintiff's case is that the disputed property belonged to Kamaruddin Molla who sold the same to plaintiff's father on 6-3-1933. On 17-11-1938 defendant 1 purchased the disputed property in T. Execution Case No. 103 of 1938 against the heirs of Kamaruddin. The plaintiff having being dispossessed on 8-1-1939 by defendant 1 at the time of taking possession in the said execution case, the plaintiff filed an application under Order 21, Rule 100, Civil P.C., which was dismissed on 13-5-1939. The plaintiff accordingly filed the suit for declaration of the plaintiff's nishkar right in the suit land and for khas possession on demolition of the huts erected by defendant and for permanent injunction.

(3.) The suit was contested by defendant 1 mainly on the ground that the plaintiff's kobala was a benami transaction, that the plaintiff or his father had no possession, that the Province of Bengal who had got the disputed land sold for non-payment of court-fees and at which defendant 1 purchased, was a necessary party.