MACNEIL AND CO Vs. SARODA SUNDARI DEBI

JUDGEMENT

(1.) The Appeal No. 10 of 1926 arises out of Title Suit No. 15 of 1923 and the Appeal No. 102 of 1926, arises out of Suit No. 1 of 1924. Both the Suits Nos. 15 of 1923 and 1 of 1924 were tried together by the Subordinate Judge, 2nd Court, Hooghly. The properties in dispute originally belonged to Earn Chand Chatterji. The following short genealogical table will be of use in understanding the facts of the case:

(2.) Each of the brothers Debendra, Surendra and Rajendra inherited 1/3 share and on the death of Rajendra their mother Saroda Sundari, plaintiff 2 inherited his 1/3 share.

(3.) Defendant 2 Messrs. Macneil & Co., with a view to construct mills began to acquire lands in the village of Bansberiah and the neighbouring villages. Defendant 1 Babu Pran Krishna Chatterji appears to have been employed by the company for the purpose of helping the company in the acquisition of large quantities of lands. Pran Krishna accordingly proceeded either to purchase or to take permanent leases of lands and then to grant sub-leases to defendant 2 company. Defendant 3, Surendra, helped defendant 1 in all these transactions. Surendra on behalf of himself and his brother Debendra granted mourashi mokurari patta in respect of 16 annas share of the disputed lands (7 plots) in favour of defendant 1 Pran Krishna on 23 June 1921. Plaintiff 1 Debendra resided at the time at Lucknow where he was in the service of the railway company. Surendra held a general power-of-attorney from the plaintiff 1 Debendra. The management of the properties was left with Surendra who used, to pay and realize rents and lookedl after the properties in a general manner