PRANESWAR DAS AND OTHERS Vs. ABHARSHARAM BOJ AND OTHERS

JUDGEMENT

(1.) THE plaintiff filed the suit, out of which the present appeal arises, in the Court of the Assistant District Judge No. 1 at Gauhati, for a declaration that the purchase of the land described in the schedule 'A' to the plaint by the registered deed dated 3 -12 -1927 in the name of Dukhuram was a benami purchase by, on behalf of, and for the plaintiff; for a declaration that the sale of the lands described in schedule 'C' to the plaint to defendant No. 4 by Rangila by a registered deed dated 1 -12 -1959 was fraudulent and null and void; for a declaration that the decree granting Letters of Administration in favour of defendants Nos. 1 to 3 by the Additional District Judge, Gauhati in T.S. (Probate) No. 10 of 1962 in respect of the 'B' schedule land was not binding on the plaintiff; and for confirmation of his possession in respect of the 'B' schedule land and for recovery of possession of the 'C' schedule land. The land described in schedule 'A' measures 54B -1K -14 Lechas comprising the land measuring 43B -4K -11 Lechas described in Schedule 'B' and 10 B. 2K. 19 Lechas described in schedule 'C' to the plaint.

(2.) THE plaintiff's case may be stated as follows: -

(3.) DEFENDANT No. 4, Harmohan Bora, has filed a separate written statement. His material plea is that he was a bona fide purchaser of the 'C' schedule land for valuable consideration and was protected under Section 41 of the T.P. Act. He pleads that the land was in possession of some tenants who surrendered their possession by registered deed of relinquishment dated 1 -12 -1959 in his favour on payment of Rs. 1000/ -. He further pleads that the plaintiff consented to the mutation of his name in respect of the 'C' schedule land on 14 -6 -1962 before the Settlement Officer, Kamrup. He has also stated that by a registered sale deed dated 17 -1 -1962 he has sold the land to defendant No. 4(a).