SAUTEED MOOKERJEE, CHOTZOER
Nehar Bewa – Appellant
Versus
Kador Bakas Mohammed – Respondent
JUDGMENT
1. This is an appeal by the plaintiffs in a suit for recovery of possession upon establishment of title. The Court of first instance decreed the suit. Upon appeal that decision has been revered by the subordinate Judge. We are unable to affirm the decision of the Subordinate Judge as not liable to be successfully challenged in second appeal. There are two points which have been urged against the judgment on behalf of the appellant. In the first place, it has been contended that there is no clear and definite finding upon the question of title. The property stood originally in the name of Bhedu, one of three brothers (Bhedu, Saidu, and Kanu). One side affirmed that although the property stood in the name of Bhedu it was owned by all the three brothers. Another side asserted that Kanu bad no interest in the property so that after the death of Bhedu the property, passed to Saidu and after his death to Kalua, the predecessor in interest of the defendants Upon this fundamental question of title the lower Appellate Court does not come to any definite finding. In the determination of this question the fast of possession of the property must be taken into account and when the evide
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