USHARANIBANIK Vs. HARIDAS DAS

JUDGEMENT

(1.) This application for review of the judgment and order dated 21.8.2002 passed in S A No. 12 of 1993 has been assigned to this Court for disposal. The second appeal was allowed by this Court by the judgment and order under review reversing the judgment and order passed in TA No.6 of 1990 and affirming the judgment and decree dated 19.4.1989 passed in TS No.2 of 1987. The matter was heard on 5.3.2003, and by order dated 9.4.2003 it was directed that the original files of TS No.201 of 1985 along with records of TS No. 1 of 1986, TS No.2 of 1987, TA No.6 of 1990 and Civil Revision No.210 of 1991 be placed on record. The matter was again heard on 30.7.2003. The records placed and made available are in a disarrayed condition which caused delay in rendering this judgment.

(2.) Shri Haridas Das (opposite party in this review application) filed original TS No.2 of 1987 for cancellation of the sale deed executed on 26.9.1986 by the original owner Kalipada Das in favour of the review applicant Smti Usha Rani Banik. The learned Munsiff decreed the suit by the judgment delivered on 19.4.1989. Being aggrieved thereby, the review applicant preferred TA No.6 of 1990 which was allowed and the judgment and decree passed by the learned Munsiffin TS No.2 of 1987 were set aside. The opposite party, thereafter, filed the SA No. 12 of 1993 which was allowed by this Court. The review application filed by Smti Usha Rani Banik is directed against this judgment passed in second appeal whereby the original decree passed by the learned Munsiffin TS No.2 of 1987 has been affirmed.

(3.) The second appeal was admitted by an order passed on 21.1.1993 for hearing on the following question of law: