ATUL CHANDRA KALITA Vs. BANO RAM BORO

JUDGEMENT

(1.) Heard Mr. B. M. Sarma, learned counsel for .the appellant and Mr. K. Basar, learned' counsel for the respondents.

(2.) The respondents/plaintiffs instituted a Title Suit Nos. 85/86 praying for a declaration that the gift deed Nos. 1544/85 and the subsequent sale deeds Nos. 362/86 and 363/86 are void and inoperative and for declaration of the plaintiffs' right; title over the suit land and for delivery of khas possession by evicting the defendant. The suit was decreed by the trial Court whereupon the present appellant preferred the Title Appeal Nos. 43/89. But the appeal was also dismissed. Hence the second appeal.

(3.) The case of the plaintiff in brief is that the suit land is a joint family property and although it stood in the name of pro forma defendant No. 1 Smt. Khalai Boro, it was possessed and enjoyed by all the members of the Joint family. The pro forma defendant No. 4 due to her old age, had become mentally unbalanced and taking advantage of the said situation the defendant No. 2 got the land gifted to him through a registered deed Nos. 1544/85 and thereafter the defendant No. 2 executed two sale deeds in favour of defendant No. 1 transferring the suit land in his favour. Subsequently the defendant No. 1 forcibly evicted the plaintiffs from the suit land and hence the suit.