LAWS(CAL)-2005-4-10

TAHER ALI KHAN Vs. ABDUL HAKIM

Decided On April 08, 2005
TAHER ALI KHAN Appellant
V/S
ABDUL HAKIM Respondents

JUDGEMENT

(1.) Throwing a challenge to the judgment dated 6th September, 1986 and decree dated 26th September, 1986 passed by the learned 1st Court, Additional District Judge, Midnapore in T.A. No. 240 of 1985 reversing the judgment dated 21st May, 1985 and decree dated 31st May, 1985 passed by the learned Munsif, 2nd Court, Tamluk in Title Suit No. 22 of 1977, this second appeal has been preferred.

(2.) This second appeal is in connection with a suit for declaration of title in the properties described in the schedule to the plaint to that effect that the lands in dispute are the auction purchased lands of the plaintiff and for permanent injunction.

(3.) In the plaint the case as has been made out by the plaintiff is inter alia as follows :- The suit properties belong to one Sahajuddin, who took loan of Rs. 1,800.00 on 11/9/1966 from the plaintiff and he accordingly executed a hand note in favour of the plaintiff. Sahajuddin paid only Rs. 15.00 towards interest to the plaintiff and Sahajuddin endorsed to that effect. It is also the case of the plaintiff that on 29/11/1966 Sahajuddin executed two Nirupan Patras in favour of his sons, daughters and wife without liquidating the loan and when plaintiff asked Sahajuddin about those deeds, he gave those deeds to the plaintiff and told that those deeds are not acted upon and Sahajuddin directed his sons, daughters and wife to pay the dues of the plaintiff, Sahajuddin died on 23rd Chaitra,.1376 B, S. leaving two sons namely Matleb and Arunan, wife Ratifan and three daughters namely Anowara, Nurjahan and Sahidan and after the death of Sahajuddin his heirs got his all lands.