LAWS(GAU)-2009-10-27

SAJAL DEB Vs. ANITA DEY

Decided On October 30, 2009
SAJAL DEB Appellant
V/S
ANITA DEY Respondents

JUDGEMENT

(1.) The appellant herein instituted Title Suit No.03/2004, his case being, in brief, thus:

(2.) The defendant No.3 filed a written statement and denied the fact that the suit land was purchased by the plaintiff, her case being that the suit land was purchased by her and that she, being the sole and absolute owner of the suit property, had voluntarily, by way of gift deed, gifted the suit land to her two daughters.

(3.) On a petition being filed under Order XIV, Rule 2 and Order VII, Rule 11 of the Code of Civil Procedure on the ground that the suit was barred under Section 4 of the Benami Transactions (Prohibition) Act, 1988, (in short, 'the said Act') the learned Civil Judge (Jr. Division) No.1, Tinsukia, framed accordingly a preliminary issue. On hearing the learned counsel for the parties concerned, the learned Civil Judge (Jr. Division) No.1, Tinsukia, passed an order, on 13.09.2004, holding to the effect, inter alia, that the suit stood barred by the provisions of the said Act and dismissed the suit. Aggrieved by the dismissal of the suit, the plaintiff preferred an appeal, which gave rise to Title Appeal No.7 of 2004. By Judgment and decree, dated 29.03.2006, passed in Title Appeal No.7 of 2004, the learned Civil Judge (Sr. Division), Tinsukia, dismissed the appeal. Aggrieved by the dismissal of the appeal, the plaintiff has, now, come to this Court with this second appeal.