RABIUL ALAM Vs. JANNATUL FERDOUS & ORS

JUDGEMENT

(1.) This second appeal is directed against the judgement and order dated 17th May, 2016 passed by the learned Additional District Judge, Bolpur, Birbhum, in Title Appeal No. 9 of 2016 affirming the judgement and decree dated 8th December, 2015 passed by the learned Civil Judge, Junior Division, 1st Court at Bolpur, Birbhum in Title Suit No. 31 of 1994 at the instance of the plaintiff/appellant.

(2.) Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure. Here is the case where we find that the plaintiff was the husband of the defendant no. 1. The defendant no. 5 was the father-in-law of the plaintiff. The defendant nos. 2, 3 & 4 were the erstwhile owners of the suit property.

(3.) The plaintiff claimed that the plaintiff entered into an agreement for sale with the defendant nos. 2, 3 & 4 for purchasing the suit property. The plaintiff, further, claimed that the plaintiff paid the consideration money to his vendor and got a deed of transfer executed by the defendant no. 2 & 3. It is, further, alleged by the plaintiff that the said deed was also registered before the registering authority. He, further, claimed that after the registration was complete, he took delivery of the deed of transfer and got the said deed in his custody. It was, further, alleged by him that for scribing the said deed he relied upon the defendant no. 5, namely, his father-in-law. It is, further, alleged by him that his wife, the defendant no. 1, deserted the plaintiff in the year 1985 and she subsequently remarried.