SM KHEMI MAHATANI Vs. CHARAN NAPIT

JUDGEMENT

(1.) The plaintiff is the appellant, and the appeal arises out of a suit for partition. The plaintiff claims to be the purchaser of one-half share in 31 bighas of land which are the subject-matter of the suit and which are recorded in khatian No. 171 of the survey record. The plaintiff's allegation is that she had purchased the one-half share belonging to the sons of Arjun and the grandsons of Hridaya. The lands had been recorded in the survey in the names of Arjun and Nagar, the father of Arjun aad Nagar being first cousin. The defendant is the son of Nagar, and according to the plaintiff's allegation the sons of Arjun were in possession of the one-half share until the transfer of it to her through a sale deed dated 5-6-1944.

(2.) The defendant contested the suit on the pleas that Sashi and Moti the two sons of Arjun, had no interest in the property and were never in possession thereof and that Arjun had in his own lifetime sold his one-half share in the khata to Nagar through an unregistered document dated the 17th Jaistha 1321 B. S., which would correspond to May 1914, and had left the village for good. According to the defendant's allegation he and his father had been in possession of the entire khata even since the year 1914.

(3.) The Court of first instance had once dismissed this suit, & on an appeal having been preferred by the plaintiff against its decision there was a remand of the suit with the direction that the suit should be decided afresh after taking the sale-deed propounded by the defendant into evidence. After the remand, the document of sale propounded by the defendant was admitted into evidence, and the decision which had been originally arrived at, was reaffirmed by the learned Munsif. The plaintiff again preferred an appeal to the District Judge, and the appeal was heard by Mr. S.B. Ahmad, Additional Subordinate Judge, Purulia, who agreed with the learned Munsif that ever since the year 1321 B. S. the defendant had been in possession of the entire khata.