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1973 Supreme(Cal) 48

SALIL KUMAR DATTA
SK. NASIRUL HOQUE – Appellant
Versus
MINOR JOHORA KHATUN BIBI – Respondent


Advocates Appeared:
Mrittunjoy Palit, S.C.MITTER, SAILENDRA BHUSAN BAKSHI, SHYAMA PRASANNA ROY CHOUDHURY

SALIL KUMAR DATTA, J.

( 1 ) THIS is an appeal by the defendant against a judgment of affirmance decreeing the suit. The suit was for confirmation or in the alternative recovery of possession on declaration of title and for injunction. Allegations made in the plaint are as follows : The plaintiff obtained the suit property from her father by a bemeadi lease dated 17-6-1952. The plaintiff had been since in possession thereof on payment of rent. The suit property is comprised within Dag No. 1276 being a demarcated portion measuring 2 decimals out of 9 decimals which along with land measuring half decimal of dag No. 1275 was taken settlement of as stated above. The plaintiff was aged about 14/15 years when the suit was filed on 20-11-59. The plaintiff's father purporting to act on her behalf sold the said land of dag No. 1276 on 4-2-1956 to plaintiff's father-in-law Abdul Malek. The sale was not for her interest or benefit and the recitals made in the document were false. There was never any purchase of adjacent land as recited therein as the purpose of the sale. It was also stated that the entire consideration was misappropriated by the plaintiff's father and accordingly the kobala w















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