Decided on August 22,2022

Pradip Brata Roy Appellant
Manabala Rudra Paul Respondents


T.AMARNATH GOUD,J. - (1.)This is an appeal under Sec. 100 of the CPC preferred against the judgment and decree dtd. 20/9/2019 and 24/9/2019 respectively delivered by the District Judge, Khowai in T.A.08 of 2018 dismissing the judgment and decree passed in T.S.02 of 2012 dtd. 18/7/2018.
(2.)The brief fact of the case is that the plaintiffs have some portion of land measuring 9 gandas in total nearby their homestead at Karoilong which they have inherited from deceased Narendra Chandra Rudra Paul as described in Schedule-A of the plaint. In the year 2002-2003, due to dire need of money, the plaintiff approached the defendant No.2 for loan amounting to Rs.20,000.00 which the defendant No.2 had given the plaintiff on taking her thumb impression on a paper narrating and explaining her as "receipt of loan." In the year 2011, when the plaintiff approached the defendant No.2 for returning a part of the said loan, she was informed by the defendant No.2 that the land had already been purchased from the plaintiff in the year 2003. The plaintiff was perplexed as she never made any sale deed or visited the Sub-Registry Office at Khowai and the said land is under their peaceful possession.
(3.)After registration of the suit, summons were served on all the parties and they entered their appearance through their respective counsel and contested by filing written statement. The trial Court after recording their statements framed the following issues in order to decide the suit :

i) Whether the suit is maintain able in its present form and nature?

ii) Whether the suit land is the joint property of the plaintiffs and they are in possession of the said land?

iii) Whether the registered sale deed bearing No.1-942 dtd. 4/7/2003 is void in the eye of land and liable to be cancelled?

iv) Whether the plaintiffs are entitled to the decree as prayed for?

v) To what other relief/reliefs the parties are entitled to?"


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