GADEI DAKUA AND ORS. Vs. RANGABATI GOUDA

JUDGEMENT

(1.) THE present Second Appeal was filed by Gadei Dakua - and Kasi Gouda, Defendant Nos. 1 and 2 respectively before the trial court, as Appellants 1 and 2, against Plaintiff -Rangabati and Defendant No. 2 -Kirtan Gouda arraying them as Respondent Nos. 1 and 2 respectively. During pendency of this appeal Defendant - Appellant No. 2 Kasi Gouda has died and his legal representatives have been substituted in his place. Defendant No. 3 -Kirtan Gouda who was arrayed as Respondent No. 2 has also died, but then instead of substituting his daughter as legal heir his name has been deleted on the prayer of the Appellants. Therefore the Plaintiff who was arrayed as Respondent No. 1 has remained as the sole Respondent now.

(2.) RESPONDENT -Rangabati had filed T.S. No. 78 of 1980 before the then Munsif (present Civil Judge, Junior Division), Aska inter alia praying for permanent injunction against present Defendant - Appellant No. 1 -Gadei Dakua and deceased Defendant - Appellant No. 2 -Kasi Gouda alleging that on the strength of two sale deeds dated 12 -8 -1980 and 30 -10 -1980 said to have been executed by Kirtan Gouda, Defendant No. 3 - Respondent No. 2 having threatening to trespass into the suit land which was in her exclusive possession, she was constrained to file the suit.

(3.) DEFENDANTS 1 and 2 in their written statement averred that for discharging certain mortgage and to meet certain legal necessities, Defendant No. 3 -Kirtan Gouda alienated the suit land in their favour by executing two sale deeds on 12 -8 -1980 and 30 -10 -1980 and by virtue thereof they had acquired valid right, title and interest in respect of the suit land. The deed of settlement, as averred in the plaint, was a fraudulent and subsequently created document and conferred no title on the Plaintiff.