SATISH CHANDRA SARKAR Vs. BROJO GOPAL DUTTA

JUDGEMENT

(1.) The suit out of which this appeal arises was a suit for a half share of a holding comprising twelve bighas odd, which stood originally in the name of one Jagannath Mitra. The last male holder of the entirety was Ramcharan Mitra. On his death the holding devolved as to half on his son Bepin Behary and as to the other half on his son Karunamoy. The sequence of the subsequent events and transactions is as follows:

(2.) On the 30th Agrahan 1291 (November 1884) Bepin Behary having died, his widow Giribala, who succeeded him, sold his or her half share to the father of defendant No. 1 and his co-sharers, defendants Nos. 4 and 5. As to this half there is now no dispute that it is in the possession of those defendants.

(3.) As to the other half share which plaintiffs seek to recover, on Karunamoy s death unmarried it went to his mother Bimola (Ramcharan s widow) and on her death was inherited by Asutosh Haldar, her grandson by a daughter named Niroda. Asutosh Haldar was then a minor and for some reason Niroda caused the share to be entered in Zemindar s books in the name of Biraj Mohini, her widowed sister. It is common ground that Biraj Mohini was a mere benamidar.