NARENDRA KUMAR BISWAS Vs. HARENDRA MAZUMDAR

JUDGEMENT

(1.) Heard Mr. T. Islam, learned counsel for the appellant. Also heard Mr. M.H. Choudhury, learned counsel for the respondents.

(2.) The respondents No.1 to 4 as plaintiffs instituted TS No.34/2009, amongst others, for a decree for cancelling the registered sale deeds No.801 dated 17.07.1997 and No.1468/95 dated 03.08.1995 on the ground that the sale deeds are forged and illegal. In paragraph-5 of the plaint, it is pleaded that the predecessor in interest of the respondent plaintiffs namely, Makhan Mazumder, while he was alive had sold 2 bighas, 1 katha of land out of 8 bighas 1 katha and 13 lechas of dag No.27, patta No.61 of village Dungarpar Kissam in Morigaon district. According, to the plaintiffs after the said land was sold by their predecessor in interest, they are possessing the title over 7 bighas 1 katha 18 lechas of the said dag. Schedule-A to the plaint is as follows:-

(3.) In paragraph-10 it is pleaded that on 01.01.2009 at about 9 am the appellant had made an attempt to dispossess the respondents from the schedule-A land. In the circumstance, when an enquiry was made they came to know that there existed the registered sale deed No.1468 dated 03.08.1995 showing that the appellant had purchased 1 bigha of land from the respondent No.4 Joylal Mazumder and another registered sale deed No.801 dated 17.07.1997 showing that the appellant had purchased 4 kathas of land from the respondent No.1 Harendra Mazumder. In paragraph-12 of the plaint a specific plea is taken that neither the respondent No.4 Joylal Mazumder had executed the sale deed No.1468 dated 03.08.1995 nor the respondent No.1 Harendra Mazumder had executed the sale deed No.801 dated 17.07.1997. In the circumstance, a decree was sought for a declaration that the sale deed No.801 dated 17.07.1997 and sale deed No.1468 dated 03.08.1995 to be forged and illegal.