AKSHOY KUMAR MONDAL Vs. JATINDRA NATH MONDAL

JUDGEMENT

(1.) The appellants wore the defendants in a suit for declaration of title and recovery of possession on partition. The suit has been decreed by both the Courts below. Hence this second appeal by the defendants.

(2.) The disputed properties are described in Schedules A and B of the plaint They originally belonged to the parties' admitted predecessor Babu Ram Mondal. The principal parties, namely, the plaintiffs and the principal defendants, all claim to be sons of Babu Ram, but, while the plaintiffs claim 3 bighas 4 cottahs out of the A Schedule properties exclusively on the strength of a deed of gift from their father Babu Ram and one-third share in the remaining suit properties as his legitimate sons, the defence denies the story of gift and alleges that the plaintiffs are illegitimate issues of their father Babu Ram, their (the plaintiffs') mother Dayamoyce, pro forma defendant 5, not being the legally married wife of Babu Ram.

(3.) As to the deed of gift, both the Courts below have found in favour of the plaintiffs and there the matter must rest. The plaintiffs' exclusive title to 3 bighas and 4 cottahs of land of the A Schedule, as covered by the said deed of gift, is, therefore, confirmed and they are held entitled to recover khas possession of that specific property, as found by the two Courts below.