BHUBINDRA NARAYAN BHATTACHARIYA Vs. MT. TARUPRIYA DEBYA AND ORS.

JUDGEMENT

(1.) THE suit out of which this appeal arises was for a declaration, first, of right and title to and confirmation of possession of 40 bighas of land covered by thirty year B. K. patta No. 8 of village Barmakhibaha, Mouza Tihu and secondly, that defendant 1 had acquired no right, title and interest in respect of the land in suit by the auction sale of the land in her favour held in execution of her mortgage decree against Dharmanath, defendant.

(2.) THE suit was decreed in the Court of the learned Additional Munsiff of Gauhati. On appeal the decree of the trial Court was reversed by the learned Additional Judge, A. V. D., and the suit dismissed.

(3.) THE relevant facts are as follows : Three brothers, namely, Madhanath, Prananath and Chandranath jointly owned land measuring 835B 12 L. of N. K. patta No. 2/33. Prananath died leaving a son Kanunath. The land was partitioned between the two brothers and their nephew Kanunath. An area measuring 278 B. 1 K. 171/3 L. fell to the share of Chandranath. He had two sons, Dharmanath and Anantanath. This Anantanath is the plaintiff in the case.