( 1 ) THIS is an appeal by the plaintiff from a decree of dismissal of their partition suit which was filed in 1963. The decree was passed in 1973.

( 2 ) PARTITION was claimed of about five cottahs of land on the basis that the parties to the suit were the heirs of one Kulalakshmi Sen who had bought the property at a Court sale in or about 1934; the said Kulalakshmi Sen died thereafter in the later 19308s.

( 3 ) RESISTANCE to partition was put up by those defendants/respondents who are now the clients of Mr. Chowdhury. They were the sons of the eldest son of Kulalakshmi by her husband Biseswar. These resisting defendants put forward the claim that the property had been purchased benami and the real ownerwas biseswar himself who had provided the purchase money, and who had gifted the property to them in 1967.

( 4 ) THE suit was tried on evidence. Biseswar was fortunately alive at that time and he gave evidence, although on commission taken at Allahabad it is on record that the then learned Registrar of our Court sold in 1934 about eight cottahs of land, comprising also of the five cottahs in the present appeal for a total sum of Rs. 1900/- only. Out of this Rs. 475/- was