NEMAI KUMAR Vs. RAMESH CHANDRA DUTTA

JUDGEMENT

(1.) Defendant is the appellant and the appeal stands on the question whether the Court of appeal below and the learned Single Judge of the High Court on right principle decreed the suit.

(2.) Facts are that the plaintiff is the nephew, and the principal defendant is the uncle, and the dispute between them centres round the question whether the property in suit was the joint property of Rajani kanta, the father of the plaintiff, and the defendant. Plaintiffs case is that Rajani and Nishi Kanta, the defendant, were two brothers and they were separate in mess and property. The defendant being indigent was allowed by his affluent brother Rajani to live in the house as a licence. Defendant in collusion with the Municipal assessor has created a new holding No. 319 but the entire premises which is holding No. 328 belonged to Rajani, Plaintiff's attempt at the correction of the Municipal papers failed and so he filed the suit.

(3.) The defence was that the two brothers were joint in mess and property, and they separated only seven or eight years before the institution of the suit, and so the defendant was entitled to half of the interest in the suit property. The other plaint allegation was denied.