PARESH CHANDRA NATH Vs. NARESH CHANDRA NATH

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India against judgment and order dated November 30, 2004 passed by the learned District Judge, Cooch Behar in Miscellaneous Appeal No. 3 of 2004 reversing the Order No. 9 dated February 26, 2004 passed by the learned Civil Judge (Junior Division) at Tufanganj, District: Cooch Behar in Title Suit No.7 of 2003.

(2.) The plaintiff/opposite party No. 1 institutes this Title Suit No. 7 of 2003 in the Court of the learned Civil Judge (Junior Division) at Tufanganj, inter alia, for declaration of the title of the plaintiff in respect of the suit property and for a declaration that the registered deed of gift, executed on January 6, 2001 and registered on January 9, 2001, is fraudulent, false and no title was transferred by the said document in favour of the defendant No. 1 and for setting aside of the said deed. The plaintiff, also, prays for further declaration that the defendant No. 1 had no saleable interest in the suit property and, as such, transfers made by him in favour of the defendant Nos. 2 to 8 are all illegal and void and not binding on the plaintiff. The plaintiff prays for perpetual injunction to restrain the defendant Nos. 2 to 8 from entering into the land in dispute on the basis of their sale deeds executed by the defendant No. 1 in their favour.

(3.) The suit was instituted with the following allegations :