KALI PADA SADHU Vs. MATI LAL FOUZDAR

JUDGEMENT

(1.) The facts out of which this second appeal arises may be shortly stated as follows:

(2.) Two brothers, Sat Couri Sen and Rai Charan Sen, owned a certain property. Sat Couri died, leaving, him surviving, a widow and three daughters; Rai Charan, also, died leaving behind him a son Taran. One Sridhar, who, the plaintiff says, was his benamadar, purchased a half share of the property from the three daughters; and the defendants Nos. 1 to 3 purchased the entire property from the son. In suit No. 1047 of 1902, by Sridhar against the defendants Nos. 1 to 3, a compromise was effected and Sridhar gave up the half share for a consideration of Rs. 230. The plaintiff then brought his action against the defendants and Sridhar who, subsequently, died leaving a widow.

(3.) The Court of first instance dismissed the suit against all the defendants, except Sridhar, and gave the plaintiff an ex parte decree against Sridhar's widow for the recovery of Rs. 230. The finding of the first Court was that Sridhar was the benamdar of the plaintiff.