NUR BHANU Vs. ABDUL AMIN BHUINYA

JUDGEMENT

(1.) This appeal being Regular Second Appeal No. 54 of 2002 has been preferred against the judgment and decree dated 30-7-2002 passed by the learned Additional District Judge, Sonamura, in Title Appeal No. 11 of 2001. (renumbered as Title Appeal No. 1 of 2002), affirming the judgment and decree dated 17-1-2001 passed by the learned Civil Judge (Sr. Div.) Court No. 2, West Tripura, Agartala in Title Suit No. 65 of 1981.

(2.) The plaintiffs filed Suit No. 65 of 1981 in the Court of Civil Judge (Sr. Div.), West Tripura, Agartala, against the defendants, seeking a decree for partition, declaring the share of each of the plaintiffs as 7/64 in the suit property as per law, for passing a preliminary decree for partition and for declaration of the alleged gift deed No. 1-3461 dated 21-8-1976 is fraudulent. According to the averments in the plaint, the land measuring 1.98 Acre of Jote No. 27 was originally belonged to Amjad Ali. Amjad Ali died, leaving behind two sons, Ajgar Ali Bhuinya and Ahmud Ali Bhuinya and they accordingly succeeded to the said property in equal shares. Ajgar Ali Bhuinya died leaving behind him the daughters, who are the plaintiffs and defendant No. 4 in the suit. They were from the 1st wife of late Ajgar Ali Bhuinya. After the death of 1st wife, Ajgar Ali Bhuinya married for the second time and defendants Nos. 1 and 2 are the heirs succeeding to all the properties left by him. The said Ajgar Ali Bhuinya on 21 -8-76 executed a deed of gift in favour of his son which is forged, because the said Ajgar Ali was mentally imbalance at the relevant time and hence the suit as aforesaid.

(3.) The defendant Nos. 1 and 2 resisted the suit contending inter alia, that during the lifetime of their father Ajgar Ali Bhuinya, he distributed land measuring 1 Kani 13 Gandas each to all his daughters with a direction that they will not get any property left by him. Thereafter, he gifted the property by executing a deed of gift to his son and therefore the allegation of forged deed is denied and after the execution of deed of gift, no property left for partition and hence prayed for dismissal of suit.