P.N. Mookerjee, J. - (1.) This appeal arises out of a suit for inter alia declaration of the plaintiff's title to the suit properties and for recovery of possession of the same. The suit has been dismissed by both the courts below and hence this Second Appeal by the plaintiff.
(2.) The plaintiff claims title as the only heir of his step-mother's deceased sister Sishumati who was the admitted original owner of the disputed properties. Sishumati was a prostitute at the time of her death and, upon her demise, the Police took charge of her properties. The plaintiff put in a claim before the District Judge under the Indian Succession Act but it was rejected. Thereupon, the plaintiff instituted the present suit.
(3.) The Province of Bengal, as it then was, was made the first defendant as the Crown was claiming Sishumati's properties by escheat. Defendant No. 2 was a claimant under a certain alleged auction purchase.;