Decided on May 26,1975

Junaram Bora Appellant
Saruchoali Kuchuni And Others Respondents


Baharul Islam, J. - (1.) THIS appeal is by the principal defendant, Junaram Bora (hereinafter referred to merely as 'the defendant'.)
(2.) THE plaintiff filed a suit for declaration of her title and confirmation of possession in respect of the suit land measuring 1 katha and 1/2 lecha being half of the total land covered by Dag No. 377. Her case is that the total land covered by dag No. 377 was the joint property of her husband Krishnaram and his brother Mihiram, who had equal shares in the land. The land was partitioned during the lifetime of her husband and the eastern half fell to her husband's share and he was in possession thereof. Before his death the husband made a gift of the suit land together with some other property under a registered deed of gift dated 18 -7 -32 and since then she was in physical possession of the land. The defendant set up his title to the suit land and threatened to dispossess the plaintiff. Hence she filed the present suit. The defendant does not deny that the property in question was the joint property of Krishnaram and Mihiram. His case is that on the death of Mihiram his shares devolved on his daughter Moina, who was enjoying her father's share jointly with Krishna ram. During 1942 -43 there was an amicable partition of the property and Moina got the entire land of dag No. 377 and Krishnaram got his share elsewhere. Moina died leaving a minor son, Puspa. Kamala, Moina's husband, sold the land on behalf of Puspa to one Jadunath by a registered deed of sale on 8 -12 -1949 and delivered possession. In turn Jadunath sold the land to the defendant by a registered deed of sale on 9 -12 -1949.
(3.) THE Munsiff decreed the plaintiff's suit.;

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