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SUHRAWARDY, GRAHAM
Trailakyanath Char – Appellant
Versus
Chintamoney Dutt – Respondent
JUDGMENT
Suhrawardy, J. - The plaintiff's case is that his father purchased the property in suit out of his own funds and was in possession thereof since the date of purchase in Sraban 1297 and re-purchase in Falgoon 1309. The suit is for recovery of possession of the lands in suit on the strength of plaintiff's title as purchaser and also on his title by adverse possession for more than 12 years. The principal defendant (defendant No. 1) contended in his defence that the properties were the joint properties of the plaintiff's father Uday Char and his brother Dina Bandhu Char, that the two brothers were joint in mess and property and that the disputed properties were acquired with their joint fund in the plaintiff's father's name. The contesting defendant has now purchased the property under a mortgage decree against Dina Bandhu Char and he contends that the plaintiff is not entitled to the entire 16 annas of the property of the suit. There is no dispute with' regards to the 8 annas share of the plaintiff in the property.
2. The learned Subordinate Judge in the Trial Court found for the plaintiff and decreed the suit. On appeal the learned Additional District Judge of Midnapore by hi
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