MAJIDAN BIBI ALIAS NAZENA BIBI Vs. RAMA KANT MISHRA @ MISRA BEING DEAD SUBSTITUTED BY HIS L.R.S RABI SHANKAR MISHRA @ MISRA

JUDGEMENT

(1.) LEGAL heirs of original defendant Nos. 1 and 2 are the appellants against this judgment of reversal.

(2.) THE predecessor-in-interest of the respondent Nos. 1 ? 3 namely Rama Kant Mishra filed Title Suit being No.579 of 1988 in the Court of learned Civil Judge (Junior Division), 4 th

(3.) ONE Md. Hossain claimed himself to be the owner of the suit property as the legal heir of Fakir Muhammad in whose favour Bartali Mia executed a deed of gift dated 29 th of July, 1920 in respect of suit property. He filed a suit being Title Suit No.438 of 1951 in the Second Court of learned Munsif, Sealdah. Said suit subsequently renumbered as Title Suit No.145 of 1953 on being transferred to the Court of learned First Additional Munsif, Sealdah. Said suit was filed against Abdul 3 Rahman, the vendor of predecessor-in-interest of the present plaintiffs. Learned Trial Court dismissed said Title Suit No.145 of 1953 on contest on the ground that as Bartali Mia died on 5 th of November, 1919 there was no chance of executing a deed of gift on 29 th