ANANTA RAM KALITA Vs. SWAJAN PRIYA KALITA

JUDGEMENT

(1.) This appeal has been preferred by the defendant appellant against the judgment and decree dated 6.1.87 passed by the District Judge, Nalbari in Title Appeal No. 5086 upholding the judgment and decree in Title Suit No. 46/79 passed by the Munsiff, Nalbari dated 11.10.82.

(2.) Respondent as plaintiff filed the above mentioned title suit against the appellant and his father and four others as proforma defendants for a decree that the registered sale deed executed by her on 1.4.77 at Sub Registrar's Office, Guwahati be declared void as being fraudulently obtained and for decree for right, title and interest of the plaintiffs over the suit land as described in Schedule - 'Kha' of the plaint and for khas possession. Plaintiffs case, in brief, is that the plaintiff No. 1 used to get help and advice from the defendant No 2 Birahu Ram Kalita and the defendant No. 2 proposed to marry plaintiff s daughter Smti. Bina Kalita (Plaintiff No.3) to defendant No. 1. Defendant No. 2 advised the plaintiff No. 1 to get a loan from the Govt. to dug a. fishery in the suit land and for" that purpose plaintiff was taken to Guwahati to get a deed of agreement executed. After executing a deed at Guwahati the defendant No. 2 became indifferent and rejected the proposal of marriage On obtaining a certified copy of the deed the plaintiff No. 1 came to know that she was actually fraudulently made to execute a sale deed in favour of the defendant No. 1 in respect of 14B 3K 13Ls of land described in the schedules of the plaint. Heace the suit.

(3.) Appellant/defendant contested the suit by filing written statement making averments that toe is the bona fide purchaser of the suit land and delivery of the same has been made after sale deed was registered and that there was no fraud on his part and that accordingly he got mutation.