GOVINDA CHANDRA BHATTACHARJEE Vs. DINA NATH ACHARJEE

JUDGEMENT

(1.) This appeal arises out of a suit for establishment of the plaintiff s tight to, and recovery of possession of a 2-annas share in, a certain estate which originally belonged to one Ram Kishore Bidyabhusan.

(2.) It appears that Ram Kishore had two sons, Daibaki Nandan, defendant No. 5, and Ram Lochan. Ram Lochan had four sons of whom Lakhi Bhattacharjee was one. Lakhi left a daughter Udaytara and the plaintiff is the son of Udaytara.

(3.) It was alleged by the plaintiff that Lakhi and, after him, Udaytara and, after her death, the plaintiff himself were in joint possession of the property with the defendants. In the plaint it was stated that the plaintiff was born on the 31st March 1893, that his mother died on the 6th August 1897, and that the plaintiff attained majority on the 31st March 19)1. The suit was instituted on the 26th February 1913. There was no express denial of the date of the plaintiff s birth and of his attaining majority in the written statement.