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1971 Supreme(SC) 117

A.N.RAY, G.K.MITTER
Prokash Chandra Mukherjee And – Appellant
Versus
Saradindu Kumar Mukherjee Of Choudhury Para Roa, Barasat – Respondent


Judgment

MITTER, J.: The main question in this appeal is, whether the defendants appellants perfected their title to the property in respect of which partition was claimed by the plaintiffs by adverse possession for the prescriptive period of twelve years or more.

2. The relevant facts are as follows. The parties are all descendants of one Durgadas Mukherjee who died many years back, leaving six sons and inter alia the property which is the subject matter of this litigation, recorded as Dag No. 444 Khatian No. 72 in Mouja Barasat, District 24 Parganas during the last Cadastral survey. Of the two plaintiffs the first Saradindu is a great grandson of the said Durgadas Mukherjee of the branch of the youngest son, his co-plaintiff being a grandson in another branch. The defendants belong to other branches of the said family. The first plaintiff based his title on several conveyances from other members of the family as also purchase at an execution sale of a fractional interest of the members of the branch of Bama Charan, the second son of Durgadas. The second plaintiff claims by inheritance. The property consists of 34 acres together with two structures thereon which are quite separate




















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