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1980 Supreme(Cal) 188

B.N.MAITRA
PHANI BHUSAN DAS – Appellant
Versus
KENARAM BHUNIYA – Respondent


Advocates Appeared:
B.C.Roy

B. N. MAITRA, J.

( 1 ) THE plaintiff has alleged that the disputed property belonged to Sridhar, Dharani and Gadadhar, who were brothers. In the C. S. Khatian, the property was erroneously recorded in their names as the shebait of one Santa Goswami Thakur. As a matter of fact, the property is a secular one. Sridhar died first leaving his son, Akshoy. The plaintiff purchased his 1/3rd share by a registered kobala dated 28-11-1941. Dharani had no son and his wife, Suchitra, became unchaste during his life time. She illegally married one Bepin Mondal. So, his brother, Gadadhar, inherited Dharani's share in the property. He left three sons, Surendra, Debindra and Netai. Surendra's son is Hrishikesh. On the 7th June, 1952, 2/3rds share of Deben-dra, Netai and Hrishikesh was sold to the plaintiff by registered sale deed and thus, he became the 16 annas owner of the property. Defendants Nos. 1, 2 and 3 colluded with one Bhuban Pal and obtained a fraudulent and inoperative kobala from Suchitra, unchaste wife of Dharani, in favour of one Bhuban Pal. Then the plaintiff started a criminal proceeding and subsequently, Bhuban Pal gave up his claim to the property. Then the defendants Nos. 1 an












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