NIRMALA BALA DAS Vs. GANESH CHANDRA DHUPI

JUDGEMENT

(1.) This appeal by the plaintiffs, following leave, is from the judgment and order dated 5.12.91 passed by a learned single judge of the High Court Division in Civil Revision No. 469 of 1985 making the Rule absolute and setting aside thereby the judgment and decree of affirmance dated 31.5.85 passed by the learned Subordinate Judge, Gopalgonj dismissing Title Appeal No. 265 of 1983 and affirming thereby the judgment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition.

(2.) Plaintiff's case in short is that the suit land originally belonged to 3 brothers, namely Nogendra Nath Dhupi, Banikanta Dhupi and Haren Chandra Dhupi in equal shares. Banikanta Dhupi sold out his share to his son defendant No. 1 Nogendra Nath was survived by his 2 sons Hardipada Dhupi and Habu Dhupi, who on 15 Chaitra, 1355 B.S. made settlement of their 1/3 share to the plaintiff at a rental of Rs. 1/- by granting dakila by Haripada as the Karta of the Hindu joint family and inducted the plaintiff into possession therein. Plaintiff demanded partition by metes and bounds but the defendant denied partition on 10.8.68.

(3.) Defendant Nos. 1 and 2 filed written statement for contesting the suit but subsequently defendant No. 2 did not contest the suit rather by filing Solenama he compromised the suit with the plaintiff, admitting plaintiff's right, title and possession in the suit land.