SUKUMARI NATH Vs. SUBRATA NATH

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure is directed against judgment and decree dated 30.05.2005 passed by the learned Additional District Judge, North Tripura, Dharmanagar in Title Appeal No. 17 of 2004, whereunder the learned Additional District Judge upheld judgment and decree dated 30.07.2004 passed by the learned Civil Judge (Senior Division), Dharmanagar, North Tripura in Title Suit No. 09(Partition) of 2003. The second appeal is filed against concurrent finding of the trial Court and the appellate Court.

(2.) HEARD learned counsel, Mr. G.K. Nama for the appellant and learned counsel, Mr. S. Bhattacharji for the respondent Nos. 1, 2, 6 and 7. None appeared for the other respondents.

(3.) THE appellant, Smti. Sukumari Nath and pro -respondent Nos. 12 and 13, Smt. Kusumbala Nath and Smt. Promodini Nath, all as plaintiffs (hereinafter mentioned as 'plaintiffs'), instituted Title Suit No. 09(Partition) of 2003 against the defendant -respondents (hereinafter mentioned as 'defendants') seeking partition of the suit land measuring 4.57 acres described in Ist Schedule of the plaint and further seeking declaration that registered sale deed No. 1 -3142 dated 14.05.1990 and registered sale deed No. 1 -3141 dated 14.05.1990 as illegal, fraudulent, collusive and are not binding on the plaintiffs.