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PAL
Sher Ali Mridha – Appellant
Versus
Torap Ali – Respondent
JUDGMENT
Pal, J. - This appeal is by the plaintiff and it arises out of a suit for recovery of possession on declaration of the plaintiff's title to the suit land. The land in suit appertains to a raiyati holding belonging to one Meru Shaikh. Meru Shaikh died leaving his widow Moyna alias Nowabjan and two sons Abdul Ali and Akub Ali. In 1916 the two sons of Meru Shaikh mortgaged their 14 annas share in the holding to one Benode Behari Shaha. In 1920, Akub Ali's son Turab Ali who is defendant 1 in the present suit, created a usufructuary mortgage in favour of the present plaintiff in respect of the land of this holding. In 1921, the widow of Meru Shaikh, Moyna alias Nowabjan, who is defendant 6 in the present suit sold her 2 annas share in the holding to Maniruddin and Kalimuddin who on their part sold this interest to the present plaintiff on 31st May 1923. In 1922, the mortgagee of the 14 annas interest instituted a suit for enforcement of the mortgage, obtained a decree in that suit and-in execution of that decree purchased the holding himself in 1923. The present plaintiff as a usufructuary mortgagee thereupon deposited the decretal amount and got the said sale set aside. Thereaf
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