SADHAN CHANDRA SADHUKHAN, MINOR, BY HIS NEXT FRIEND DEBENDRA NATH SADHUKHAN; NANDA PROSAD SINGH CHOWDHURY; DINABANDHU SAHA CHOWDHURY Vs. NANDA PROSAD SINGH CHOWDHURY; DEBENDRA NATH SADHUKHAN; NANDA PROSAD SINGH CHOWDHURY

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of possession of certain shares in a property belonging to a joint Mitakshara family and for partition.

(2.) The family consisted of one Mohar Singh, his wife Rani Kumari and five sons Jagannath, Nanda, Sankar, Gouri and Durga Prosad, the last being dead.

(3.) It appears that the property was mortgaged by Mohar Singh to one Madhu Sudan, who sued on his mortgage and in execution of his decree purchased the property on the 19th November 1890. Madhu Sudan, however, did not enter into possession of the property and the property remained as before in the possession of Mohar s family. On the death of Madhu Sudan, his executor Syama Charan sold the property to Raghu Nath, defendent No. 5, on the 8th January 1907. This Raghu Nath was a Benamdar of Mohar s family.