P. Choudhuri and T.N. Phukan, for Plaintiff-Appellant; S.K. Ghose, J.P. Bhattacharjee and S.N. Medhi, for Defendants-Respondents.

Judgement

BAHARUL ISLAM, J. :- This appeal is by the plaintiff and is directed against the judgement and decree passed by the Subordinate Judge, Upper Assam Districts at Jorhat in Title Suit No. 32 of 1959. The plaintiffs suit was for declaration of her right, title and interest in the suit land and for khas possession and mesne profits.

2. The case of the plaintiff is that the suit land measuring 81 B. 7 Lechas was the self-acquired property of her father Manuram, Manuram had a brother named Bhabadeb. They had been separated, Manuram came to the suit land situated in village Kaibartaeaon, while Bhabadeb continued to live in the paternal village Kenduguri, Manuram had his wife. Chandra Prova, and two daughters-Golapi and the plaintiff. Manuram went on pilgrimage and died there. Thereafter Manurams widow, Chandra Prova, and daughter, Golapi also died. Thus the plaintiff became the only heiress of Manuram. At the time of Manurams death the plaintiff was a child of about 4/5 years. So Bhabadeb came to the suit land from Kenduguri and d to look after the plaint

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