BABU RAM MONDAL Vs. DAKHINA SUNDARI NAMASUDRANI

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of possession of a 2/3rds share of certain lands which had been sold in execution of a decree for arrears of rent and purchased by the defendant.

(2.) It was alleged that there was an agreement between the plaintiffs and the defendant that they should purchase the property in the names of all the three persons on payment of the price in equal shares, that the defendant should take from the plaintiffs the price in respect of two shares and should himself pay from his own pocket his share of the money, that the defendant accordingly took the shares of the money from the plaintiffs but purchased the property in his own name only, and that the plaintiffs having subsequently come to know of it, the defendant took the advice of lawyers and agreed to put in a petition (admitting therein the plaintiffs title) in the record of the execution case, and stated that there would be no difficulty in future, that he actually put in such a petition but subsequently did not allow the plaintiffs to take possession of their shares.

(3.) The defence was a total denial of these allegations.