MAYARANI GHOSH Vs. SUNIL GHOSH

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order dated 5th May, 2018 passed by the learned Civil Judge, Senior Division, 3rd Court at Howrah, in Title Suit No. 522 of 2016 at the instance of the plaintiff/appellant.

(2.) Let us now consider as to whether the appeal deserves any merit for its admission under the provision of Order 41 Rule 11 of the Code of Civil Procedure.

(3.) The parties are closely related to each other. The plaintiff is the sister of the defendant. Admittedly, the suit property was purchased by their father, Harendra Chandra Ghosh, by a registered deed dated 4th July, 1950. The said Harendra Chandra Ghosh died on 29th November, 2010 leaving behind the plaintiff and the defendant as his daughter and son respectively, besides his wife. Subsequently the widow of Harendra Chandra Ghosh died. Thus, the plaintiff and the defendant inherited half share each in the suit property. The plaintiff claims that she had very good relation with her brother. She claimed that on the request of her brother she came to Howrah and executed a deed, purported to be a deed of power of attorney. It is alleged by her that she executed the said power of attorney in favour of her brother for authorising him to look after, manage and control the suit property as she was staying away at Delhi with her husband. Subsequently when the property was developed, the plaintiff demanded her share in the property from her brother who refused to give her share in the suit property. This created suspicion in her mind. Accordingly, she obtained a certified copy of the deed and came to know from the said certified copy of the deed that instead of getting a deed of power of attorney executed by her, a gift deed was caused to have been executed by her. She, thus claimed that the said deed of gift was procured by her brother by giving a misleading impression to her that the deed of gift which was executed by her was a deed of power of attorney. After coming to know about such fraudulent acts of the defendant, the plaintiff filed the suit for cancellation of the said deed of gift and for partition of the suit property.