GURU PRASAD DAS; BAIKUNTHA NATH SATPATI Vs. NARENDRA NARAIN MAITY; NARENDRA NARAIN MAITI

JUDGEMENT

(1.) These appeals are brought by the plaintiff and by defendants 2 and 3 respectively against the decision of the District Judge.

(2.) The suit was for declaration of title and possession, the plaintiff basing his title upon a conveyance from Defendants 2 and 3, while defendant No. 1, who is alleged to have dispossessed the plaintiff, claims under a conveyance from the vendors of defendants 2 and 3. The land in question belonged to Banomali and Roghu Jana; they executed a conveyance in favour of defendants 2 and 3 on August 6 1893. On May 25 1903, defendants 2 and 3 sold to the plaintiff, who alleges that he was dispossessed in December 1903, by defendant No. 1.

(3.) Defendant No. 1 claimed the property under a conveyance from Banomali and Raghu Jana dated July 17 1903, and alleged that the conveyance of August 1893 in favour of defendants 2 and 3 was merely a paper transaction.