RAMDULARI DEVI Vs. UDAY NARAYAN SONAR

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgment and decree dated 15/12/2004, as passed by the ld. Additional District Judge, 1st Court, Purulia in Title Appeal no. 32 of 2003, whereby the judgment and decree dated 23/4/2003 passed by the ld. Civil Judge (Senior Division) in Title Suit no. 168 of 1997 was set aside.

(2.) The fact leading to the filing of this Second Appeal is that the plaintiff/respondent filed the T.S. no. 168 of 1997 against the defendant/appellant stating therein that the suit property originally belonged to one Ramananda Sonar, the grandfather of the plaintiff who used to reside therein with his family members. After the death of Ramananda Sonar it devolved upon his two sons namely, Satyanarayan and Ganesh. In the R.S. record of rights the suit property was recorded in the names of the two brothers in equal shares.

(3.) In the year 1982, the southern portion of the schedule 2 property was sold to Jugeswar Prasad Singh, the father of the defendant no.1 and defendant no.2, who is the mother of the defendant no.1, by the father of the plaintiff and his brother Ganesh Sonar. The schedule two property, as described in the plaint, consists of three residential rooms having verandah and courtyard. At the time of the sale of the said property in the year 1982 there was an agreement in between the vendor and the vendee to the effect that when the vendor of the said sale deed would demand for return of the property on payment of the consideration money, then the vendee of the said deed would reconvey the same by executing sale deed in favour of the vendor or to his heirs. On 4/10/1993 the schedule two property was reconveyed to the plaintiff by the defendant nos. 1 and 2 and possession of the said property was handed over in favour of the plaintiff.