TAPAN KUMAR MAITY Vs. SWAPAN KUMAR MAITY

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgment and decree dated March 16, 2009 passed by learned Civil Judge (Senior Division) 2nd Court Contai, Purba Medinipur in Title Appeal No. 6 of 2007. By the impugned judgment the court below has set aside the decree dtd. 11/12/2003 passed by the learned Additional Civil Judge (Junior Division) 1st Court Contai, Purba Medinipur in T.S. No. 46 of 2002.

(2.) Appellant herein Sri Tapan Kumar Maity filed aforesaid T.S. No. 46 of 2002 contending interalia that the 'ka' schedule property to the plaint previously belonged to one Shiba Prasad Maity and he transferred the said property in favour of the plaintiff by deed of gift which was executed on 31/3/1968 and registered on 1/4/1968. The 'A' schedule and the 'B' schedule property to the plaint are part of aforesaid gifted 'ka' schedule property. In the said suit plaintiff impleaded his own brother as defendant no.1 and his father as defendant no.2. Plaintiff contended that the defendant no.2 used to possess the said land which plaintiff owned by the aforesaid gift deed dtd. 31/3/1968, during the minority of the plaintiff but the plaintiff has been possessing the said land since attaining majority.

(3.) Plaintiff's further case is that on and from 25/5/1998, the defendants started threatening the plaintiff for dispossession from the suit property. On query, the defendants disclosed to the plaintiff about execution of the sale deed by defendant no.2(father) on 3/4/1975 in favour of defendant no.3 in respect of plaintiff's aforesaid property mentioned in schedule 'A' to the plaint which is within 'ka' schedule, in favour of defendant no. 3 and thereafter another deed was executed by defendant no.3 on 11/7/1983 in favour of defendant no.2 in respect of the self-same property and thereafter another deed of gift was executed and registered by defendant no.2 on 22/12/1992 in favour of plaintiff and defendant no.1 in respect of self-same 'A' schedule property.