ARINDAM LODH,J. - (1.)This is a second appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short, "CPC") challenging the legality and validity of the judgment and decree dtd. 13/12/2018, passed by learned District Judge, Unakoti Judicial District, Kailashahar, in connection with Title Appeal No. 12 of 2018, arising out of judgment and decree dtd. 18/5/2018, passed by learned Civil Judge (Sr. Division), Unakoti Judicial District, Kailashahar, in connection with Title Suit No. 18 of 2017, whereby and whereunder the learned appellate Court has affirmed the judgment and decree dtd. 18/5/2018, passed by the learned Civil Judge (Sr. Division), Court No. 1, Unakoti Judicial District in connection with Title Suit No. 18 of 2017.
(2.)The appeal is mainly concerned with the question as to whether the statement of one of the co-owners in an earlier suit that he had no claim over the property of his mother amounts to disclaimer conferring title upon other co-owners.
(3.)Facts of the case, in brief, are that, one Late Gita Rani Majumder (here-in-after referred to as "Gita Rani") was the owner and possessor of the suit land. She was the mother of both the plaintiffs and the defendant of the present suit. After her death, one Nani Gopal Ghosh(brother of late father of Gita Rani) filed T.S. No. 16 of 2012 before the learned Civil Judge(Sr. Division) for a declaration claiming that the suit land though recorded in the name of Gita Rani, but, the actual owner of the suit land was Late Akhil Chandra Ghosh who purchased the suit land in the name of Gita Rani, being his daughter, as benamder.
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