(1.) this second appeal has been preferred by the defendant challenging the judgment and decree dated 4th august, 1988 passed by the learned 4th addl. District judge, alipore in t.a. no. 72/1986 reversing the judgment and decree dated 13th may, 1986 passed by the id. Munsif, 1st court at basirhat in t.s. no. 173 of 1984.
(2.) the case as has been made out by the plaintiff and/or as it transpire from the plaint is inter alia as follows : - prior to the death of the husband of the plaintiff no. 1 in 1975 the defendant was kept in the house of the plaintiffs about 4 to 5 years and he used to work with the plaintiff ever since and because of his works and behaviour the plaintiff no. 1 and her husband had got great love and affection for him. Plaintiff nos. 2 to 4 are the sons of plaintiff no. 1 and they used to reside elsewhere at the place of their employment. The said sons of the plaintiff no. 1 asked her to go and reside with them but as per husband's wish she did not leave her father -in -law's house at nandanpur. The plaintiff nos. 2 to 4 used to send money every month to plaintiff no. 1. The plaintiff nos. 2 to 4 being the eldest and youngest son they used to visit the plaintiff no. 1 regularly. The defendant requested the plaintiff no. 1 to give him some land for constructing his house and plaintiff no. 1 agreed to give him some land for constructing his house and plaintiff no. 1 agreed to give him about 2 to 21/2 cottahs of land for this purpose. Plaintiff no. 1 has been suffering from various ailments for quite sometime and also consume "aphin". Defendant on the pretext of taking her to a doctor took her to hasnabad after administering her with a large quantity of aphin water' and then to the sub -registrar's office and fraudulently got the deed of gift executed by her in collusion with the deed writer and the attesting witnesses. The said deed has not been read over or explained to her, nor was the same written under her instructions. The plaintiff no. 1 was under the impression that the suit deed was executed concerning 21/2 cottahs of land. When plaintiff nos. 2 and 4 came after 'bijaya dasami, plaintiff no. 1 told them about the suit deed, whereupon they obtained certified copy of the same. Plaintiff no. 2, thereafter, took plaintiff no. 1 with himself to barasat and subsequently plaintiff no. 1 executed a deed of cancellation of the deed of gift of the suit land and got a deed of gift executed in favour of her sons that is plaintiff nos. 2 and
(3.) defendant when tried to harvest crops standing on the suit land on the basis of the fraudulent and void deed and the present suit was filed by the plaintiffs claiming that they are in possession of the suit land.
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