SUPREO SHARMA Vs. SUSHANTA KUMAR SHARMA

JUDGEMENT

(1.) THIS appeal by the defendants is directed against the judgment and decree dated 17.7.2000 passed by the learned Civil Judge (Senior Division), Hailakandi in Title Appeal No. 4/1999 whereby and whereunder the appeal preferred by the defendants has been dismissed by affirming the judgment and decree dated 22.12.1998 passed by the learned Civil Judge (Junior Division) No. 1, Hailakandi in Title Suit No. 31/1981.

(2.) THE aforesaid suit was instituted by the present respondent, as plaintiff, against the predecessor -in -interest of the present appellants for declaration of right, title and interest, in respect of the schedule I land, in ejmali and also for declaring the sale deed dated 12.2.1973 (Ext. 1) purportedly executed by the mother of the plaintiff and the defendant No. 1 in favour of the defendant No. 1 as fraudulent and also for refund of Rs. 2000/ - which was paid by the plaintiff to the defendant No. 1 for the purchase of the land vide sale deed 21.2.1976.

(3.) THE case of the plaintiff in the plaint is that after the death of the original owner Suresh Chandra Sarma, the property left by him devolved on his widow, apart from the plaintiff and the defendant No. 1, who are brothers and amongst whom there was amicable partition on 11.4.1958 allotting respective shares of land and accordingly they were possessing their respective share by virtue of such partition deed. It is also the case of the plaintiff that the defendant No. 1 sold his share of the land to his brother, the plaintiff, and also to other persons from whom the plaintiff again purchased the land in the said patta and accordingly the plaintiff s share in the land increased from 9 bighas 6 kathas 3 chataks to 17 bighas 3 kathas 4 chataks. It is also the case of the plaintiff that his mother Sabitri Bala Devi got land measuring 3 bighas 8 chataks under dag No. 123 of patta No. 15 and subsequently purchased more land in the said patta, who died thereafter leaving behind the plaintiff and the defendant. It is also the case of the plaintiff that after the death of the mother he also inherited his share in the land in Dag No. 122 of patta 15 and accordingly his share in the land became 18 bighas 1 katha, which he possessed. The further case of the plaintiff is that the defendant, after the death of their mother, showing a registered deed of sale dated 12.2.1973, allegedly executed by the mother in favour of the defendant No. 1, proposed to sell the land measuring 2 bighas to the plaintiff and accordingly the plaintiff purchased the said land measuring 2 bighas from the defendant No. 1 on 21.2.1976 by executing a registered deed of sale. According to the plaintiff he, however, subsequently came to know on 28.8.1977 from his sister, proforma defendant No. 3, that Sabitri Devi did not sell the land. Thereafter on enquiry he came to know that the defendant by impersonation of his mother created a false and collusive sale deed dated 12.2.1973 i.e. Ext. 1 showing that 2 bighas of land was transferred in his favour and sold the said land to the plaintiff at Rs. 2000/ -. It is also the pleaded case of the plaintiff that the defendant No. 1 s wife instituted Title Suit No. 80/1977 for declaration of her right, title and interest over the said land measuring 2 bighas claiming that she has purchased the same, which, however, was dismissed.