P.N.MUKHERJEE, SARMA SARKAR
GOSTHA BEHARI BERA – Appellant
Versus
HARIDAS SAMANTA – Respondent
( 1 ) THIS second appeal is by the defendants and arises out of a suit instituted in Sub-Judge's Court, Midnapore, for a declaration of the plaintiff's title to 8 as share of the suit-properties and for recovery of possession thereof. The properties in question belonged to two brothers, Ramchand and Balaichand in equal shares. Defendants No. 5 to 7 are the heirs of Balai, Ramchand died leaving behind a widow Haripriya and three daughters and Haripriya inherited a widow's estate in his properties. She died in 1352 B. S. and was survived by two of the daughters, namely, Barada, a sonless widow, and Basanta Ku-mari, defendant No. 4, and by a son of the predeceased daughter named Sripati, defendant No. 3. Haripriya had during her lifetime sold her share of the properties of ka sch. of the plaint to defendant No. 1 and had executed two deeds of gift in respect of the properties of schs. kha and ga in favour of defendants No. 2 and 3 respectively. The plaintiff purchased 8 as share of all the properties from Basanta Kumari in 1353 B. S. after the death of Haripriya. He challenged the transfers made by Haripriya by way of sale and gift as without legal necessity and as s
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