TARADAS BHATTACHARJEE Vs. JNANENDRA NATH MAITRA

JUDGEMENT

(1.) This appeal arises out of a suit for establishment of the plaintiff s title to 2/3rds share of four plots of land and for confirmation of possession.

(2.) This property appears to have been sold in the year 1894 in execution of a decree against the plaintiff and purchased by one Rajendra. There was another sale of the interest of the plaintiff and his brother in the year 1898 and the defendants purchased the property at that sale. In 1901 there was a conveyance executed in respect of the property by Rajendra in favour of the plaintiff. A suit was instituted, however, by the plaintiff s daughter on the basis of that conveyance against the defendants on the ground that the purchase was really made with the funds snubbed by her in the name of the plaintiff. That suit was decreed by the Court of first instance in favour of the plaintiff s daughter. On appeal by the defendants, the suit was dismissed and the decree of the lower Appellate Court was confirmed on second anneal on the ground that the plaintiff s daughter had no beneficial interest in the purchase under the conveyance from Rajendra.

(3.) In the present case, the Court of first instance dismissed the suit except with regard to If bighas, that being the homestead land. On appeal, the learned District Judge has dismissed the suit entirely. The plaintiff has appealed to this Court.