DEBARCHAN PRADHAN Vs. BHAGIRATHI PRADHAN

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs (the original plaintiff having died, his legal representatives) in a suit for declaration that the sale deed dated 27-9-1958 executed by defendant No. 1 in favour of defendants 4 and 5 is fraudulent and does not confer title on the transferees. Their claim was accepted by the trial Court, but has been negatived by the lower appellate court. Hence the plaintiffs are in second appeal against the reversing judgment.

(2.) A short genealogy would be useful to indicate the mutual relationship of the parties. The suit property is claimed to be the joint family property of the plaintiffs and defendants 1 to 3. In 1948, the defendant No. 1 executed a will with the ill motive of bequeathing all the properties to defendants 2 and 3. The plaintiff instituted T. S. 2/49 for partition of the ancestral lands located at Angapada. That suit was decreed and the decree was affirmed even by this Court. On the plea that the properties now in the suit which are located at village Turada are also the joint family properties and have been left out of partition on the earlier occasion, the present suit has been filed. It is claimed that on 27-9-1958 the defendant No. 1 executed the sale deed for the suit land in favour of defendants 4 and 5 which is a void transaction. The plaintiffs claim that they have their 1/4th interest in the suit lands.

(3.) THE appeal succeeds and is allowed. Since this is a suit for partition, I would direct both the parties to bear their own costs up to this stage. Appeal allowed.