SILA ROY Vs. SAILENDRANATH MUKHERJEE

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is at the instance of defendant no.7 and substituted defendant no.8(b) in Title Suit no.192 of 1988. They have challenged order no.55 dated 28th February, 2006 passed by the court of the 9th Additional District Judge at Alipur in Title Appeal no.198 of 1995 in dealing with the application made under Section 151 of the Code of Civil Procedure by the opposite parties being the substituted defendants nos.1 series who are the substituted respondents nos.1 series in the said appeal. By the impugned order the cross-objections of the petitioners were found to be non-est since, the learned Appellate Court below found, the appeal had already abated.

(2.) It is necessary that the facts arising in the suit and appeal be stated in brief. The plaintiffs being the son and daughter filed the suit for declaration of their title and permanent injunction claiming that their father Surendranath Purkait was a settlee in respect of the suit land. They alleged the defendant nos.1 and 2 had got executed and registered, deeds of conveyance in their favour by practicing fraud upon their father.

(3.) The case of the defendant nos.7 and 8 in the suit was that the said Surendranath Purkait had registered a 'Kabuliyat' on 28th August, 1928 in favour of his landlord, the jamindar Kalidas Roychowdhury, for a period of nine years but on 31st August, 1929 had surrendered his tenancy right. Upon such surrender the suit land was duly recorded in the name of the said jamindar as his khas land. The said defendants claim to have thereafter purchased the suit land from the Roychowdhurys.