DHARAMADAS PAL AND OTHERS Vs. KRISHNADHAN PAL

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment dated 3-4-1982 passed by the Additional District Judge, 3rd Court, Howrah in Tilie Appeal No. 213 of 1980 whereby the learned Additional District Judge was pleased to set aside the judgment passed by Sri A.K. Banerjee, the learned Munsif 4th Court, Howrah in Title Suit No. 127 of 1976. The said Title Suit had been filed by Dharmadas Pal and Kanailal Pal, the plaintiff/appellants for declaration of their title in respect of the disputed property and for evicting Krishna Dhan Pal, their second brother therefore on the ground that the latter was merely a licensee under them. In support of their case Dharmadas and Kanailal relied strongly upon a Deed of Sale (Exbt-I) already executed by their father, late Habul Chandra Pal in their favour exclusively. Their case was that to Krishnadhan Pal, their second brother, the property was not given by sale or otherwise by their father, Habul Chandra, Krishna Dhan Pal took the defence that Exbt, - I was a fraudulent document and that Dharmadas Pal Kanailal Pal had managed to get that document executed by their father by exerting undue influence and fraud upon him. The Trial Court decreed the suit.

(2.) Being aggrieved thereby Krishnadhan Pal filed an appeal. The 1st Appellate Court remanded the suit back. The suit was again decreed by the Trial Court after remand, - this time of course by another Munsif. Krishnadhan Pal again filed. This time the 1st Appellate Court set aside the Judgement and dismissed the suit chiefly on the grounds that the property was under valued and that the transaction evidenced by Exbt-I was tainted by undue influence and fraud.

(3.) Being aggrieved thereby the plaintiff/appellants Dharmadass and Kanailal have come up before this Court in Second Appeal.