1. THIS appeal from appellate decree is directed against the judgment and decree dated September 26, 1964 passed by Sri N. C. Dutt, Additional District Judge, Howrah in Title appeal No. 199 of 1964 whereby the judgment and decree dated March 31, 1962 made in Title Suit No. 6 of 1962 by Sri S. K. Roy, Subordinate Judge, 2nd Court, Howrah was affirmed.

2. ADMITTEDLY the suit property, being holding No. 95 B. Road, of mouza bamangachi, originally belonged to Sk. Khodan, Sk. Kalu and Kulsum Bewa. The plaintiff appellant claimed to have purchased the said property from the said owners by a registered Kobala dated June 23, 1954. It appears that before the said sale, there was a registered Bainapatra dated May 24, 1954 wherein the said Kulsum Bewa did not join. It has been alleged by the plaintiff appellant that because of the said fact, his father a legal practitioner, advised him to purchase the property in question in benami and accordingly the concerned sale deed was taken in the name of the plaintiff appellant's nephew Nani Gopal Das. It has also been alleged by the plaintiff appellant that after such purchase he paid rent to the landlord and constructed structures, inducted