SANKAR CHAKRABORTY Vs. CHITTORANJAN DUTTA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 7th April, 2006 passed by the Ld. Civil Judge (Senior Division), Ranaghat, Nadia in Title Appeal No.17 of 2003 whereby set aside the judgment and decree dated 3rd March, 2003 passed by the Ld. Civil Judge (Junior Division), 2nd Court, Ranaghat in Title Suit No.33 of 1995.

(2.) DURING admission of the appeal the Ld. Division Bench formulated the following substantial questions of law :-

(3.) THE defendant No.1 contested the suit by filling written statement containing inter alia that the plaintiff has no title in 'Ka' schedule property and the West Bengal Government had no locus standi to execute any gift deed in favour of the plaintiff. This defendant, possesses 8 annas i.e. 2 ' cottahs of land in Lay Out Plot No.648. THE plaintiff does not possess any portion of Lay Out Plot No.648. Lay Out Plot No.649 is adjoining south of suit Plot No.648. THE defendant no.3 resides in Lay Out Plot No.649. THE defendant No.1 further stated that the father of the plaintiff all along used to reside in Lay Out Plot No.647 and he never resided in 'Ka' schedule property. THEre was long standing dispute between the plaintiff and the defendants and so as to restore peace, the respectable persons of the locality settled the dispute of the plaintiff and defendants by way of salish. By the said salish, the suit property was divided into 2 halves which were accordingly, transferred to both the plaintiff and the defendants and each got 2 ' cottahs of land. THE plaintiff himself signed on that salishnama. Since then both the parties are residing thereon with their families by raising house thereon. It is further case of the defendant no.1 that the gift deed executed in favour of the plaintiff is a fraudulent deed and is not binding upon the defendant. He prayed for dismissal of the suit.