ABU ISA THAKUR Vs. DINABANDHU BANIK

JUDGEMENT

(1.) This appeal is at the instance of defendants 1 and 2 and is directed against the decision of C.C. Basu Esqr., Additional District Judge, Tippera Chittagong.

(2.) The disputed lands bear C.S. plots 6020, 6021, 6022 and comprise homestead, tank and garden. They belonged to Shib Chandra Banik and Balai Charan Banik. The plairitiff is the only son of Balai and has 8 annas share in the said three plots, Shib Chandra left an only son Jagabandhu. Jagabandhu died in 1338 B.s., leaving his daughter Brahmamayee, pro forma defendant 3, as his sole heiress. The principal defendants, who are Mahomedans purchased the 8 annas share o? Brahmamayee; on the allegation that the principal defendants on the strength of their purchase erected certain huts on the disputed lands and cut down some trees the plaintiffs brought the present suit for purchase of the share of the defendants or in the alternative for partition of the disputed plots and for temporary injunction.

(3.) The defences material for the decision of this appeal are that the suit as framed was not maintainable and that the prayer for purchase of the defendants share is not permissible in law, and that there was a previous partition amongst the Baniks.