NATIONAL INVESTMENT CO LTD Vs. MOHENDRA NATH KUNDU
HIGH COURT OF CALCUTTA
NATIONAL INVESTMENT CO. LTD.
MOHENDRA NATH KUNDU
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P.N.Mookerjee, J. -
(1.) The appellant before us was the plaintiff in a suit for declaration of title and recovery of possession of the suit properties, comprising C.S. Dags Nos. 243 and 244 of mouza Dum Dum, having a total area of 5.818 acres. The suit has been dismissed by the trial Court and hence this appeal by the plaintiff.
(2.) The disputed Dags, which, admittedly, belonged in right of ownership to the Kundu defendants and/or their predecessors, were settled in leasehold right under a Kabuliyat (Ext. 2), dated 2nd Chaitra, 1323 B. S., corresponding to March 15, 1917, in the name of one Jadunandan Ghosh. Under the said Kabuliyat (Ext. 2), the stipulated rental was Rs. 50/- per annum.
(3.) According to the plaintiff, Jadunandan, the executant of the Kabuliyat aforesaid, was the sole lessee thereunder and, after his death in 1926, the above lease-hold property devolved on Jadunandan's only son and heir Bishan Dayal, who, on March 25, 1939, sold the same to one Makhan Lal Chakravarty for Rs. 2704/- by the Kobala (Ext. A), and, from the latter, the plaintiff Company acquired the disputed property, by purchase, under a Kobala (Ext. A(1)), dated 5-4-1939, for Rs. 9375/-.;
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