HARISH CHANDRA MONDAL Vs. MENOKA BALA DASI

JUDGEMENT

(1.) This is an appeal against the judgment and decree, dated 5.6.75 passed by the learned Additional District Judge, 6th Court, Alipore in Title Appeal No. 192 of 1974 reversing those of the learned Munsif, 2nd Court, Baruipur in Title Suit No. 276 of 1959 dated 22.1.74.

(2.) The facts of the case are briefly as follows :

(3.) The defence of defendant Nos. 1 and 2 was that the alienation of the suit lands in favour of the defendant No. 1 by the mother was justified by legal necessity but it was not an out and out sale. It was intended to be a loan transaction. Possession of the suit lands all' along remained with the mother Bhubaneswari who acquired absolute interest on the enforcement of the Hindu Succession Act and having failed to repay the loan she sold away suit lands absolutely to defendant No. 1 by a kobala dated 2.3.59 and so the plaintiffs had no right to challenge the alienation dated 17.9.47 which was not an out and out sale.