JARINA KHATUN MUSTT Vs. MD HASSEN ALI

JUDGEMENT

(1.) THE substantial questions of law as indicated in the memo of appeal is whether the Ext. 1 is the deed of sale and or whether it was procured fraudulently from the defendant No. 2 by the plaintiff. It is submitted that defendant No. 2 is a paradanashin illiterate lady coming from the rural area and the appellate court has found as follows: "1. I am of the opinion that the plaintiff has miserably failed to prove that the defendant No. 2 executed the sale deed No. 1446/69 of dated 21.4.69 selling the suit land with her full knowledge and belief on the contrary I am of the view that the registered sale deed in question was procured fraudulently misleading the defendant No. 2."

(2.) THAT being the position of law and the finding of fact quoted above I do not find any merit in this second appeal and the same shall stand dismissed. I have heard Mr D.C. Nath learned Advocate for the appellant and Mr.D.K. Bhattacharjee learned Advocate for the respondent.