BIRENDRA SINGHA Vs. PREMTON SINGHA

JUDGEMENT

(1.) Heard Mr. S. K. Ghosh, learned counsel for the appellant. I have also heard Mr. P. K. Deka, learned counsel representing the sole respondent.

(2.) This appeal has been preferred against the judgment and decree dated 07.06.2014 passed by the learned Civil Judge, Hailakandi in Title Suit No.02/2012 decreeing the suit filed by the plaintiff/respondent.

(3.) The facts of the case, in a nutshell, is that the plaintiff is one of the sons of Late Uttar Singha, who had acquired certain shares in his ancestral land on the basis of a deed of family partition. Subsequently, by means of a registered deed of sale dated 15.09.1999 bearing No.1168, Uttar Singha during his lifetime, had transferred land measuring 2 Bighas 8 Kathas and 8 Chataks in favour of his two sons viz., Birendra Singha and Jogendra Singha i.e. the defendant Nos.1 and 2 herein. Asserting that the deed of sale executed by his father in favour of the defendant Nos.1 and 2 is a fraudulent transaction and therefore, liable to be set aside, the respondent as plaintiff, had instituted Title Suit No.02/2012 inter-alia praying for a decree declaring that the sale deed bearing No.1168 was collusive, fraudulent, forged and as such void and inoperative in the eye of law; a decree declaring 1/5 th "ejmali" share of the plaintiff along with defendant Nos.1 and 2 and proforma defendant Nos.5 and 6 over the Schedule-I land along with the shed standing thereupon. It would be pertinent to mention herein that the proforma defendant Nos.5 and 6 are the plaintiff's sisters. The scribe and the attesting witness of the registered deed of sale had been impleaded in the Suit as defendant Nos.3 and 4, respectively although no relief had been prayed against them by the plaintiff.