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1982 Supreme(Cal) 119

P.K.BANERJI, B.N.MAITRA
MD. YUNUS – Appellant
Versus
NABI HOSSAIN – Respondent


Advocates Appeared:
A.SAHU, ARUN CHATTERJI, BIJAN MAJUMDAR, G.KAUR, M.N.Ghosh, P.SINGH, Sudhis Das Gupta

B. N. MAITRA, J.

( 1 ) TITLE Suits Nos. 577 and 578 of 1976 and 258 of 1978 were heard together. The main dispute relates to the case set up by plaintiff in Title Suit No. 258 of 1978. He has alleged that the disputed property at premises No. 65, Mechuabazar Street, which was subsequently numbered as 155, Keshab Chandra Sen Street, belonged to one Sk. Munna as a tenant. He erected structures thereon. By a kobala dated 8-11-1917, he sold that property to Md. Hossain and All Hossain, who are sons of one Sk. Abdul. Sk. Amir was Abdul's elder brother and had no issue. He brought UD the plaintiff as his foster son. By a registered sale deed executed on the 26th July, 1924, Md. Hossain transferred his 8 annas share in the property to his brother, Ali Hossain. Then by a registered conveyance dated 25th Mar. , 1926, Ali Hossain transferred that property to the plaintiff. The latter had great respect for Ali Hossain. That property was occupied by Sk. Amir, Sk. Abdul and the members of their family including the plaintiff. On his request, Ali Hossain used to look after that property. The rent receipts and documents in respect of their property remained in the name of Ali Hossain and the pla























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