Decided on July 08,1968

Basanta Kumar Nath And Anr. Appellant
Lakshma Moni Nath And Ors. Respondents


M.C. Pathak, J. - (1.) THIS appeal has been preferred against the judgment and decree dated 23 -9 -1963 passed by the learned Subordinate Judge II. Cachar at Silchar in Title Suit No. 35 of 1961.
(2.) THE Plaintiff's case in brief is as follows: Sachimani, the sister of the Plaintiff, came to the Plaintiff's house after becoming widow before she attained puberty and lived in the Plaintiffs house. Thereafter, Sachimani purchased the land described in the second schedule of the plaint along with some other lands with the money from her own earnings as a teacher of L.P. Girls' School. After purchasing the said land, Sachimani settled the land described in items 1 and 2 of the second schedule with Defendants 1 to 3 and got the land described in item 3 of the second schedule cultivated by herself through Plaintiff. Sachimani died on 27th Baisakh of 1364 B.S. (corresponding to 11th May 1947) leaving the Plaintiff as her sole heir of her stridhan property of second schedule land. On the death of Sachimani, the Plaintiff got his name mutated in respect of the second schedule land. After the death of Sachimani Defendants 1 to 3 did not pay rents and so that Plaintiff filed rent suit No. 40/49 in the Munsiff's Court at Mailakandi and that the suit was decreed although Defendants 1 to 3 in their written statement denied the title of the Plaintiff and set up Defendants 4 to 11 as being heirs of Sachimani. An appeal was preferred against the said judgment of the learned Munsiff and the learned appellate Court allowed the appeal, set aside the decree, with the direction to the Plaintiff to file a suit for declaration of his title and also for mesne profits, Thereafter the Defendants 1 to 3 in collusion with the remaining Defendants dispossessed the Plaintiff from the land described in item 3 of the second schedule in the latter part of Jaistha 1367 B.S., corresponding to first part of June 1960.
(3.) THE lands described in the 3rd Schedule to the plaint are the paternal lands of the Plaintiff. The Defendants have been trying to dispossess the Plaintiff from 3rd schedule land also by denying his title.;

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