JAYA KARMAKAR ALIAS JABIDA HOSSAIN Vs. AJMAL HOSSAIN

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff as appellant challenging the judgment dated 9.6.1992 and the decree dated 20.6.1992 passed by the learned District Judge, Malda in O.C. Appeal No. 2 of 1991 affirming the judgment and decree dated 30.11.1990 passed by the learned Munsif, Malda in O.C. Suit No. 200 of 1986.

(2.) This appeal was heard under Order No. 41 Rule 11 of the Code of Civil Procedure on 11.1.1993 by the Hon'ble Division Bench of this High Court and the Hon'ble Division Bench on that passed an order that this appeal will be heard.

(3.) This appeal arises out of a suit praying inter alia for declaration of title, stay of ex parte decree passed in O.C. No. 159/84, the said decree being obtained in collusion by practising fraud. The plaintiff also prayed for permanent injunction in respect of the suit land. The case as has been made out in the plaint or as transpires that one Sudhir Kr. Majumder and Bimal Kr. Majumder were the joint owners in respect of 097/1.4th decimal of land in Mouza: Kutum Purbari under Police Station: English Bazar. Both the brothers partitioned the property through a registered deed of partition. By virtue of the said partition Bimal Kr. Majumder became the owner of 0489/1.8th decimals and out of the said land said Bimal Kr. Majumder sold 3 cottahs of land to the plaintiff which is the suit land herein.