BANKIM CHANDRA BHOWMIK Vs. GOPIMOHAN NATH

JUDGEMENT

(1.) Heard learned Counsel for the parties. This second appeal is directed against the judgment and decree dated 7.5.1999 passed by the learned Additional District Judge, Cachar, Silchar in Title Appeal No. 12 of 1994 reversing the judgment and decree dated 5.3.1988 passed by the learned Assistant District Judge. No. 1, Cachar, Silchar in Title Suit No. 51 of 1982.

(2.) The learned Trial Court by judgment and decree dated 5.3.1988 as referred above, dismissed the suit so preferred by the respondent as plaintiff seeking declaration of right. title and interest over the suit land and also for declaration of recovery of khas -possession of the suit land by evicting the defendant/appellant herein om the suit land and also for further declaration to the effect that the sale deed dated 30.4.1979 and 22.6.1981 as collusive, fraudulent, void and inoperative.

(3.) Being dissatisfied with the above judgment and decree, the respondent-plaintiff moved the Appellate Court i.e. the learned Additional District Judge, No. 1, Cachar, Silchar through T.A. No. 12/94 and the Appellate Court above by the impugned judgment and decree dated 7.5.1999 set aside the judgment and order of the Trial Court mentioned above and allowed the appeal holding that the appellant/ respondent herein (plaintiff) was entitled for a decree for declaration that he got right, title and interest over the suit land and also for eviction of defendant/appellant herein from the suit land.