THUPA BALA SARDAR Vs. SUNITI SARDAR

JUDGEMENT

(1.) The present challenge has been preferred against the order of the first Appellate Court, whereby the judgment of the Trial Court, dismissing the plaintiffs/appellants suit for declaration of title and permanent injunction, was affirmed.

(2.) Learned counsel for the appellant argues that the learned first Appellate Court failed to take into consideration the fact that the wife of the original owner Jadu Sardar, namely Manibala, was a rustic, illiterate and pardanashin lady at the relevant point of time and could not have executed the transfer deeds on which the defendants/respondents relied on.

(3.) Moreover, it is argued that the learned first Appellate Court did not advert to all the findings of the Trial Court.