KUSUM CHANDRA DEB BARMA Vs. SUNIL CHANDRA DEBNATH

JUDGEMENT

(1.) This second appeal was admitted for hearing on the following substantial questions of law:

(2.) Brief fact, necessary for disposal of the second appeal, may be stated thus :-

(3.) The defendants contested the suit by filing written statement denying all the averments made in the plaint inter alia stating that the defendant No. 2 never executed any such sale deed on receipt of consideration from the plaintiff and the thumb impression appeared in the sale deed was not of defendant No. 2, Paresh Chandra Deb Barma and that the plaintiff in collusion with his relative, one Samparai Deb Barma, arranged the sale deed and the plaintiff only possessed the suit land and the defendant No. 2 never handed over the possession to plaintiff. It was further contended by the defendants that the Khatian No. 150 in the name of the defendant No. 2 was clearly reflecting that the land recorded in plot Nos. 454, 457 and 707 were possessed by Sonamani Debnath, Radhamadhav Debnath and Sukumar Debnath as against Section 187 of TLR & LR Act and while those persons were in possession, the claim of the plaintiff that the defendant No. 2 handed over the possession to the plaintiff was cock and bull story and that such story should be disbelieved.