KRISHNAPADA ROY Vs. PARIMAL CHANDRA SAHA

JUDGEMENT

(1.) This Second Appeal has arisen out of the judgment and decree dated 30.3.99 passed by Shri R.K. Ghosh, learned the then AddL. District Judge, West Tripura, Agartala dismissing the appeal of the defendant- appellants.

(2.) I have heard Mr. B. Das learned counsel for the appellant as well as Mr. B.B. Deb, learned counsel for the respondents.

(3.) The plaintiffs father and smt. Raj Rani Roy, defendant No. 10 had share in the disputed land situated at Bishalgarh, West Tripura District, Smt. Raj Rani Roy, defendant No. 10 herself and on behalf of the defendant Nos. 5 to 9 transferred the suit property to defendant Nos. 1 and 2 Sri Krishna pada Roy and Smt. Reba Roy on 3.7.90. It is alleged that the transferree were the tenants in occupation of the property from before. The sale deed was executed at Calcutta under the provisions of Section 28 of the Registration Act. Subsequently, the said property was again transferred by the defendant Nos. 1 to 10 to plaintiff on 5.9.90. It is not in dispute that the family property had been partitioned by way of compromise in a title suit, on 25.5.96. The plaintiff filed a suit before the Civil Judge, Junior Division assailing the sale deed dated 3.7.90 executed by defendantNos. 5 to 10 in favour of defendant Nos. 1 and 2. The suit was dismissed by the learned trial court. In appeal, the decree has been affirmed by the appellate Court. Hence, the appeal before this court.