- (1.) This was a suit to recover a moiety of certain talook, and to recover moveable property scheduled at the foot of the plaint, to the value of Rs. 7,260-7 as. The only items in the schedule necessary to mention for the purposes of this appeal are the following:-- 1. Money paid for advancing loans, Rs. 2,500. 2. The estimated value of the stock in one cloth shop in the Chuck Bazar of Fureedpore and three shops of groceries, Rs. 500. 3. Outstanding balance, Rs. 1,500, and cash in hand, Rs. 500. The total of these amounting to Rs. 5,000. In respect of the general list of moveable property as given in the plaint, there is no further contention in appeal, and it is needless therefore to make mention of it.
(2.) It is admitted that Manik was the father of Sital, and Sankar was the father of Bhyrab; and both the fathers, in their life-time, and the sons in theirs lived in commensality.
(3.) The plaintiff's case is that, after the death of his father, he held possession of his eight-anna share in the property by right of inheritance; that the defendant No. 1, Nabadwip Chandra Sirkar, in collusion with defendant No. 2, forcibly and fraudulently took possession of all the moveable properties, and purchased the Shikmi Talook in question in the name of his wife (defendant No. 3) out of the money of his father and uncle the said Bhyrab and Sital, and kept him (plaintiff) out of possession for 8 or 9 years; that be (plaintiff) attained his majority in Aswin 1273, and his cause of action has arisen from that date.;