Judgement

Appeal from a judgment and decree of the High Court (July 3, 1906) affirming a decree of the Subordinate Judge of Patna and Bogra (September 22, 1902).

The suit was instituted by one Kashi Das Sanyal, since deceased and now represented by the appellant, who succeeded Kashi Das Sanyal as heir to the property in suit. The claim was for a declaration of the plaintiffs title to, and for possession of, a share of a patni taluq and was made under the circumstances following.

The patni taluq in question belonged originally to Kashi Das Sanyal and certain co-sharers, his share being 1£ annas. Suits for partition by divers co-sharers were instituted from time to time. In 1886 there were three suits of this character which were tried together, Kashi Das Sanyal being in each case made a defendant and his share being stated as 1£ annas in the respective plaints. There was also a similar suit in 1892 in which Kashi Das Sanyal was also made a defendant. In this suit the first respondent Sarnamoyi Debya applied to be made a defendant and claimed partition in respect of a share which she alleged was a gift to her by her husband, Dinendra Nath. In all the above-mentioned suits decrees wer