AJIJUN NUR Vs. FIRUJA BEGAM

JUDGEMENT

(1.) These two appeals being RSA No.05 of 2009 and RSA No.06 of 2009 emerged from the common judgment and decree dated 26.06.2008 delivered in Title Appeal No.03 of 2008 and Title Appeal No.06 of 2008 by the Addl. District Judge, North Tripura, Kailashahar on affirming the common judgment and decree dated 20.12.2007 passed by the Civil Judge, Jr. Division, Kailashahar, North Tripura in Title Suit No.45 of 2006 but reversing the judgment and decree dated 20.07.2007 passed in Title Suit No.45A (Counter Claim) of 2006. The first appellate court by the impugned judgment has declared the sale deed dated 30.05.1974 (Exbt.4), the sale deed dated 25.03.1996 (Exbt.5) and the general power of attorney dated 19.01.1996 (Exbt.6) as void and inoperative. Thus the counter claim was decreed. Having regard to this feature, the appeals are heard together for disposal by a common judgment.

(2.) The appellants in both the appeals filed under Section 100 of the C.P.C. are the plaintiffs, who instituted the suit for declaration of jote right, title and interest and also for confirmation of possession and consequential relief of permanent injunction in respect of the suit land as described in the schedule appended at the fag end of the plaint.

(3.) While admitting the appeals, this Court by the order dated 03.04.2009 formulated the following substantial questions of law against the individual appeals: