GHANA KATALI Vs. LACHU POROJA

JUDGEMENT

(1.) Defendant no.2 is the appellant against a reversing judgment.

(2.) Plaintiff-Respondent no.1 instituted the suit for declaration of title over the suit land and recovery of possession. Case of the plaintiff was that Kamal Lochan Katali and Jagabandhu Katali were brothers. Kamal Lochan died leaving behind three sons Trilochan and defendants 1 and Jagabandhu died leaving behind defendants 3 and 4 as his sons. The suit land fell to the share of defendants 3 and 4 in the family partition. Defendants 1 to 4 sold the suit land to the plaintiff by means of a registered sale deed dated 6.3.1964 for a valid consideration. The plaintiff is in possession of the suit land. Defendants 4 and 5, who are related to defendant no.1, set up defendant no.1, who created disturbance in the peaceful possession of the plaintiff.

(3.) Defendants 2 to 4 entered contest and filed a written statement denying the assertions made in the plaint. According to them, the alleged sale deed was procured by playing fraud and misrepresentation. The defendants were not aware of the contents of the sale deed. Defendant no.2 was a minor at the time of the alleged sale in the year 1964. The suit land fell to the share of the defendant no.2 in the family partition. He is in possession of the suit land and as such, perfected title by way of adverse possession. Defendants 1, 5 and 6 were set ex parte.