- (1.) This appeal is on behalf of defendants 3 to 10. The plaintiff's case is that defendants 1 and 3 were adjudicated insolvents in Insolvency Case No. 66 of 1936 on. 16 2-1939, that defendants 1 to 10 were members of a joint Mitakshara Hindu family, defendants 3 to 6 being the sons of defendant 1 and defendants 7 to 10 being the sons of defendant 2, that the disputed property was the ancestral homestead of the defendants, that the Province of Bengal which was entitled to certain dues on account of settlement operations from the defendants was creditor 6 in the application for insolvency, that on their application the disputed property was brought to sale and purchased by the plaintiff on 22-8-1941 and the learned District Judge as a Receiver in Insolvency executed a conveyance in favour of the plaintiff on 24-1-1942. The plaintiff having failed to get possession instituted the present suit for declaration of his title and for recovery of possession.
(2.) To this suit several defences were taken, viz., that, defendants 1 and 2 had a brother named Pramatha, that Pramatha who was separate from defendants 1 and 2 died and was succeeded by his son Binode, that on the death of Pramatha and Binode, their widows acquired an interest in the disputed property and the suit was defective on the ground of non-joinder of parties, the widows of Pramatha and Binode not having been impleaded in the suit, that the interest of defendants 8 to 10 did not vest in the Receiver in Insolvency and the sale to the plaintiff did not pass their title.
(3.) The trial Court overruled the defence and decreed the plaintiff's suit. On appeal the decree of the trial Court wag affirmed.;