Kolkata Court December 1877 Judgments

GossaIn Dass Chunder Vs. Issur Chunder Nath

Court: Kolkata

Reported in: (1878)ILR3Cal225

Richard Garth, C.J.1. We think there is no ground for this appeal. The plaintiff sued to recover possession of certain rooms in a house, the whole of which he admits to have once belonged to the defendant, but which he says were sold by the defendant to his (the plaintiff's) brother in the year 1857 or 1858, and afterwards fell to the share of the plaintiff in a partition which took place between him and his brother many years ago.2. The evidence of the purchase of the property from the defendant was so weak that it was rejected altogether by the Munsif (who found in the defendant's favour) and not relied upon by the District Judge (who reversed the Munsif's judgment, and found in favour of the plaintiff). This judgment of the District Judge is based upon the ground that, although the plaintiff may not have legally established the purchase from the defendant in 1857, he has proved that he has been in possession of the property in. question for upwards of twelve years, and this is in fa...