SHEW NATH SAHA Vs. RAGHUNANDAN BHAR

JUDGEMENT

(1.) This appeal was directed against the decree and judgment dated 23.12.1971 passed by Sri M. Mukherjee, learned Additional District Judge, 12th Court, Alipore in Title Appeal No. 619 of 1971 modifying the judgment and decree dated 29.4.1971 passed by Sri A.K. Bhattacharjee, learned Munsif, 4th Court, Sealdah in connection with Title Suit No. 384 of 1964.

(2.) The suit was for declaration of plaintiff's title in 'B' schedule property and also for declaration that the decree passed on 7.2.1958 in connection with Title Suit No. 207 of 1955 by the Second Additional Munsif, Sealdah and also the decree passed on 14.8.1958 in Title Appeal No. 383 of 1958 by the learned subordinate Judge, 4th Court, Alipore are fraudulent, void and not binding upon the plaintiff. The plaintiff had also- prayed for permanent injunction against the defendant. The trial Court dismissed the suit and the lower appellate Court allowed the appeal in part on contest having setting aside the judgment and decreed passed by the trial Court. The lower appellate Court declared that the respondent/defendant held only 8 annas interest in the suit property and also that the judgment and decree passed in Title Suit No. 207 of 1955 and also in Title Appeal No. 383 of 1958 are fraudulent and void being not binding upon the appellant/plaintiff. The lower appellate Court had also permanently restrained the defendant from taking possession and/or interfering with the possession of the appellant/plaintiff in the suit property.

(3.) The following substantial question of law has been formulated for determination in the instant appeal :