SUSHIL CHANDRA DEY Vs. CHITTA RANJAN DEY

JUDGEMENT

(1.) I have heard Mr A.M. Lodh, learned senior counsel for the appellant in S.A. No. 6/1992 and in S.A. No. 7/1992 as well as Mr D. Chakraborly, learned counsel for the respondent in S.A. No. 6/1992 and in S.A. No. 7/1992. I have also considered the records.

(2.) Second Appeals SANo. 6/199.2 and SA No. 7/1992 are directed against the common judgment and decree dated 1.3.92 passed by the learned District Judge, South Tripura, Udaipur in Title Appeal Nos. 9 and 1')) of 1991 setting aside the common judgment and decree dated 18.7.91 passed by the learned Munsiff at Udaipur in Title Suit No. 3/1986 and Title SuitNo. 14/1988.

(3.) In T.S. No. 3/1986, the case of the plaintiff Sushil Dey, in brief, is that the defendant No. 1 Chitta Dey sold the suit land at Rs.3,000/- to the pro-forma defendant No. 4 Jogesh Saha by executing a registered sale deed dated 3.3.84 and handed over possession thereof to him. Jogesh Saha later sold the said land at Rs.3,000/- to the proforma defendant No. 5 Binoy Deb by executing a registered sale deed dated 24.5.84 and handed over possession thereof to him. Lastly, Binoy Deb sold the said land at Rs.5,000/- to the plaintiff Sushil Dey by executing a registered sale deed dated 16.9.84, and handed over possession thereof to him. It is alleged that on 29.1.86 the defendlant No. 1 Chitta Dey with his two sons the defendant Nos. 2 and 3 attempted to dispossess the plaintiff Sushil Dey from the suit land-hence the plaintiff's suit for declaration of his title, confirmation of possession and permanent injunction in respect of the suit land.