SOBHA DEVI Vs. SANTOSH PODDAR

JUDGEMENT

(1.) This Appeal has been filed against the Judgment dtd. 29/11/2016 (Decree signed on 13/12/2016) passed by learned Principal District Judge, Jamtara in Title Appeal No. 20 of 2015 whereby the learned Court has confirmed the Judgment dtd. 26/3/2015 (Decree dtd. 13/4/2015) passed by learned Civil Judge (Senior Division)-III, Jamtara in Title Suit No. 71 of 2002 and dismissed the appeal preferred by the appellant-principal defendant. The defendant no. 1, who has lost in both the courts is the appellant before this Court.

(2.) The original plaintiff (Anandi Devi) and the defendant no.1 (Shobha Devi), both claimed title over the suit property by virtue of registered sale deeds said to have been executed by the original defendant no.2 (Rajamoni Mondal). There is no dispute that the suit property belonged to the original defendant no.2. The suit was filed seeking, inter alia, a declaration that Sale Deed No. 1137 of 2001 is void and also for declaration that Sale Deed No. 388 of 2001 is lawful.

(3.) This Second Appeal was Admitted for hearing on 4/12/2018, on the following substantial questions of law: