JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. This Second Appeal has been directed against judgement and decree dated 3rd April 1984 passed in Title Appeal no. 11 of 1980. By the impugned judgment the learned court below affirmed the order of dismissal of the suit passed by the Trial court in Title suit no. 157 of 1977 dated 28th November 1979.

2. Plaintiff’s case in brief is that predecessor of the plaintiff Sk Md. Yasin filed a suit for declaration of his 16 anas share in all the seven item mentioned properties described in the schedule to the plaint. It is stated in the plaint that plaintiff/appellant and the defendant/respondent are brothers by relation and who are sons of Umed Ali. Plaint case is Plaintiff got Rs. 20/- in one ceremony called ‘mukhdekhani’ at the time of his birth and Rs. 40 at the time of another religious ceremony called ‘sunnat’ as gift from his relatives and said money was lying deposited with his father. Plaintiffs specific case is, he purchased the property mentioned in item no. 1 of the schedule to the plaint from that money lying deposited to his father in 1329 BS.

3. Further case of the plaintiff is that from the earnings, derived from the said purchased property of the plaintiff and also with the help of his earnings as manual labour, plaintiff purchased the properties mentioned in the item no. 2 of the schedule to the plaint on 29th Baisakh 1339 BS at a salami of Rs. 16/- by virtue of deed, marked exhibit 6, which was executed by Sk. Amjed Ali, who was authorized by the owner to execute the deed. Since then plaintiff has been possessing the same exclusively and adversely to others.

4. Plaintiff’s further case is after acquisition of those two lands mentioned in item no.1 and 2 of the plaint schedule, the plaintiff took settlement of the land mentioned in item no.3 to the plaint from his superior landlord for a salami of Rs. 5/- and for the rental of Rs. 8 annas per annum. Plaintiff’s further case is he took settlement from landlord Ashutosh Mitra by virtue of an unstamped document marked Exhibit-7 on 27th Kartick 1344 BS and the amount of salami was paid by plaintiff from the income derived from the lands mentioned in item no. 1& 2 to the plaint. Since then plaintiff has been possessing the same exclusively and adversely to others.

5. Plaintiff’s further case is that his father Umed Ali and his other three brothers took settlement of tenancy of the properties in item no.4 of the schedule from the landlord at a salami of Rs. 55/- and at a rent of Rs. 4 & 12 annas per annum. It is stated that the said brothers of Umed Ali gifted their 3/4th share to the plaintiff on 10 Falgun 1360 BS corresponding to 22.2.1954 and delivered khas possession in his favour. Thereafter plaintiff’s father Umed Ali also made oral Heba of the rest 1/4th share of the said property in favour of his son i.e. the plaintiff on 10 Baisakh 1360 BS by exhibit-9 and delivered khas possession of the same to the plaintiff. Therefore, the plaintiff acquired title and got possession in respect of the entire property in item no.4 of the schedule to the plaint in exclusion to all others.

6. Plaintiffs further case is that he also got the properties mentioned in item no.5 of the schedule to the plaint by purchase in auction court sale in a rent suit for Rs. 120/- on 07.04.1946 selling ornaments of his wife and has been possessing the same exclusively and adversely.

7. The plaintiff further took settlement of the lands mentioned in item no. 6 of the plaint schedule from the landlord for Rs. 125/- as salami and at a rental of Rs. 14/- per annum by virtue of the deed dated 03.12.1946, which is marked eexhibit-6 (a) and has been possessing the same exclusively and adversely.

8. The plaintiff also purchased the properties mentioned in item no. 7 of the schedule to the plaint from his own fund and also acquired title by adverse possession and he is possessing the same for much more than 12 years.

9. Accordingly the plaintiff is owner of each and every propert