GOPESWAR MONDAL Vs. AMBIKA CHARAN BANERJEE

JUDGEMENT

(1.) This second appeal is at the instance of the defendants in a suit for declaration and permanent injunction and is directed against the judgment and decree dated April 27, 1988 passed by the learned Additional District Judge, 3rd court, Burdwan in Title Appeal No. 19/2 of 1986 thereby affirming those dated December 6, 1985 passed by the learned Assistant District Judge, Kalna in Title Suit No. 119 of 1979 since re-numbered as Title Suit No. 74 of 1983.

(2.) The respondents No. 1 to 10 filed the aforesaid suit for declaration of title in respect of the suit property and for permanent injunction restraining the present appellants from disturbing their alleged peaceful possession in the suit property. The case made out by the plaintiffs may be summarised thus :-

(3.) The learned trial Judge on consideration of the materials on record held that the suit was not barred by limitation and that the Arpannama executed by Nandarani was a void document as such by virtue of the sale deed executed by Nandarani in favour of Tarapada, the plaintiffs' aforesaid predecessor acquired title to the suit property.