- (1.) This was a suit brought to recover possession of a share of two zamindaries, called Pergunna Bogri and Taraff Bihala, under the following circumstances: These zamindaries belonged to a family of Mookerjees. At some time prior to the year 1243, that family consisted of three brothers and three sisters, and on a partition the Bogri Pergunna became vested in two of the brothers, Shambu Chandra and Ram Narayan jointly, in equal shares, while Taraff Bihala became vested in Shambu Chandra alone. Shambu Chandra died, leaving a widow and several children, namely, Jagat Chandra, Paran Chandra, Mahes Chandra, Haris Chandra, Kali Chandra, and Sriman Chandra. Paran Chandra died in 1247, leaving a widow Brahmamayi, and a daughter Dakhina, who married the plaintiff Tarini Charan Ganguli, and by him had two sons, Chintamani and Umamani. Umamani is dead, and is represented by his father Tarini Charan. Chintamani and Tarini Charan are plaintiffs in this suit; and it is not disputed that by inheritance a 2-anna, 13 gandas, 1 cowri, 1 krant share in the two zamindaries is vested in these two plaintiffs. In the year 1243 Ram Narayan borrowed a sum of money from his brother Shambu Chandra and other members of the family, and on that bond Shambu Chandra and his co-creditors in the same year obtained a decree. On the 8th of Bhadra 1244 Shambu Chandra being then dead his sons granted to Messrs John and Robert Watson a patni talook in an 8-anna share of Bogri Pargunna, and in the whole of Taraff Bihala by two separate instruments. On the 22nd Aswin in the same year, Ram Narayan granted a patni talook of his 8-anna share in Pergunna Bogri to his three sisters and another lady. In Falgun Shambu Chandra attached Ram Narayan's share in the zamindari in execution of the decree upon the bond. In Chaitra the four ladies above mentioned sold their interest in the patni talook to John and Robert Watson, Ram Narayan assenting to the transfer and promising to confirm it. Accordingly, on the 26th of Chaitra, Ram Narayan granted to the Watsons a patta and took a kabuliat in respect of his interest in Pergunna Bogri.
(2.) In the year 1246, under the decree obtained upon the loan to Ram Narayan, the creditors, i.e., the brothers and other members of Ram Narayan's family, attached and sold Ram Narayan's share of the Bogri pergunna zamindari, and the creditors themselves, amongst whom one was Paran Chandra, the father of Dakhina, became the purchasers of the property at the auction-sale.
(3.) Immediately after the sale in execution the purchasers took proceedings in the Supreme Court to eject the Watsons, but those proceedings failed. Matters then appear to have remained quiet till the year 1255, when the purchasers at the execution sale brought a suit in the mofussil against Messrs. Watson and other persons, the object of which was to get rid of the patni patta of the 8-anna share of Bogri Pergunna granted by Ram Narayan to his sisters and the other lady, as well as that granted to the Watsons, on the ground that they were collusive transactions intended to defraud creditors, and to get possession of the property. The Principal Sudder Ameen, (Mr. Mackay) who heard the suit, gave the plaintiff a decree for possession of 8-annas of Bogri Pergunna, declaring the pattas to be invalid.;