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1981 Supreme(Cal) 11

B.N.MAITRA
MAHABIR PANDEY – Appellant
Versus
SASHI BHUSAN DUBEY – Respondent


Advocates Appeared:
B.N.CHAKRABORTY THAKUR, MANJULA DHAR CHOWDHURY, Subrata Nayak

B. N. MAITRA,J.

( 1 ) THE plaintiff's case is that the disputed property belonged to one Dwarika Nath Roy, whose name was properly recorded in the C. S. Khatian. He possessed the property all along and died on the 19th May, 1934, leaving his widow Jahnabi, pro forma defendant No. 3, and his mother, Mahamaya alias Parbati. Jahnabi inherited that property as Dwarika's sole heir, She and Parbati lived on the homestead left by Dwarika. Then Jahnabi went away else-where and Mahamaya alias Parbati alone managed the property. The latter breathed her last five years before the filing of the suit. By a registered kobala executed on the 9th Nov. , 1962, Jahnabi sold the suit land to the plaintiffs. But the principal defendants Nos. 1 and 2 did not allow them to take possession of the property on the assertion that they had purchased the same from Lakshmibala, who had acquired the same from her mother, Parbati, on the footing of a deed of gift. The land was erroneously recorded in Mahamaya's name in the R. S. Khatian. The suit is for a permanent and mandatory injunction and also for recovery of khas possession on the declaration of the plaintiff's title thereto.

( 2 ) DEFENDANTS Nos. 1 and









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