CHANDI CHARAN PAL Vs. NETAI CHANDRA DALAPATI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgement and decree dtd. 30/9/1980 in T.A. no. 208 of 1977, passed by Additional District Judge, 2nd Court Midnapur, arising out of Judgment and decree dtd. 25/6/1977 passed by Munsiff 3rd Court, Tamluk in T.S. No. 49 of 1974, present second Appeal has been preferred. By the impugned judgment, learned court below allowed the appeal in part declaring plaintiff no. 2's right title interest in the suit property to the extent of 1/5th share.

(2.) Plaintiffs case in a nutshell is that one Sarada Devi was the original owner of the suit property who gifted the same in favour of predecessor-in- interest of the plaintiffs and defendant no.2 to 4, namely Bhutnath Dalapati by a registered deed dtd. 4/7/1938. Accordingly said Bhutnath after accepting the deed of gift, began to possess the said property and recorded his name in the Revisional settlement. Thereafter said Bhutnath died intestate leaving behind plaintiffs and defendant no. 2 to 4 as his heirs and all his properties including suit property devolved upon the aforesaid heirs of Bhutnat in equal share. It is further case of the plaintiffs that after the death of Bhutnath, defendant no. 1 Chandi Charan Pal used to look after the properties of the plaintiff and defendant no. 2 to 4.

(3.) However, on 15/9/1380 BS said defendant no.1 denied plaintiff's right title interest in the property and threatened to dispossess them therefrom on the plea that he had purchased the interest of the plaintiffs in the suit lands by a registered deed dtd. 31/12/1958, alleged to have executed, by wife of Bhutnath namely Radharani who is defendant no.3, for herself and on behalf of the minor sons i.e. plaintiff No. 1 & 2 and defendant No.2 and also by defendant No.4. The plaintiffs thereafter made enquiries and came to learn that the defendant no.1, taking advantage of the helpless condition of the plaintiffs and the defendant no. 2 to 4 got a sale deed executed by Radharani (defendant no.3) for self and on behalf of her minor sons, as well as by defendant no.4 Tulsirani (major daughter of defendant No.3) in respect of the suit property.