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1976 Supreme(Cal) 110

N.C.MUKHERJI, B.C.RAY
ANATH BANDHU SEN MONDAL – Appellant
Versus
CHANCHALA BALA DASI – Respondent


Advocates Appeared:
DILIP KUMAR SETT, KANAN KUMAR GHOSH, MUKUL PRAKASH BANERJI

N. C. MUKHERJI, J.

( 1 ) THE plaintiff is the appellant before us. This appeal arises out of a suit by the plaintiff as reversioner for recovery of khas possession of the suit property upon declaration of his title to the property and right to possess it after the death of the limited owner from whom the defendant is alleged to have been purchased the property.

( 2 ) THE plaintiff's case may briefly be stated as follows :--The suit property originally belonged to the plaintiff's great grand father Dinanath Sen Mondal who died leaving two sons Indranarayan and Suryyanarayan. Indranarayan died leaving his only son Abinash and Suryyanarayan died leaving his only son Ramgati. Between these two sons there was an amicable partition. Ramgati died about 24 years back leaving his widow Matibala. Consequently, Matibala acquired a widow's estate in respect of the property left by her husband. Motibala died on December 22, 1967. Abinash died leaving the plaintiff as the only son and heir. After the death of Matibala the suit property devolved upon the plaintiff as the sole reversioner. Though Matibala had no right to transfer the property left by her husband in order to deprive the plaintiff















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