RANAJIT KUMAR SANTRA Vs. NABADWIP SANTRA & ANR

JUDGEMENT

(1.) This Second Appeal is directed against the judgement and decree passed by the learned Additional District Judge, 2nd court at Tamluk, in Title Appeal No. 18 of 2005 affirming the judgement and decree dated 14th March, 2002 passed by the learned Civil Judge, Junior Division, 3rd Court at Tamluk, in Title Suit No. 79 of 1999 at the instance of the plaintiff/ appellant.

(2.) Here is the case where we find that the plaintiff filed a suit for declaration of his absolute title in the suit property and for injunction against his brothers impleading them as defendants in the said suit. The defendants contested the said suit by filing written statement by denying the allegations made out by the plaintiff in the plaint. Parties led evidence in support of their respective claims.

(3.) The plaintiff himself stated in his evidence that he was born on 7th January, 1946 but the title deed through which the plaintiff is claiming title over the suit property was registered on 24th June, 1943. Holding as such, the learned Trial Court held that the plaintiff has failed to establish that he became the absolute owner of the suit property.