- (1.) This appeal is directed against judgment and decree dated 9 th of October, 1996 passed by learned Additional District Judge, 9 th Court, Alipore in Title Appeal Nos. 199, 201, and 202 all of 1992 affirming judgment and decree dated 30 th of January, 1992 passed by learned Assistant District Judge, First Court at Alipore in Title Suit Nos. 92 of 1987, 93 of 1987 and 94 of 1987. Learned Trial Court disposed of those three suits analogously by single judgment resulting filing of said three appeals in the learned Lower Appellate Court who also disposed of those three appeals analogously by the judgment impugned.
(2.) One Basanti Ghosh alias Lila Ghosh filed Title Suit No.180 of 1966 which was later renumbered as Title Suit No.93 of 1987 in the Court of learned Munsif, second Court at Alipore against Jatindra Mohan Ghosh alleging inter alia that she was the owner in possession of premises No.2/3, Hindustan Park, Ballyganj, Calcutta-29 by virtue of a registered deed of gift dated 14 th of December, 1963 executed by her husband Jatindra Mohan Ghosh. Defendant Jagadindra Nath Ghosh was a son of Jatindra Mohan Ghosh by his first wife and was staying in a portion of said suit house which was described in the schedule of the plaint, as a licensee under Jatindra Mohan Ghosh and later on under plaintiff. The plaintiff revoked the licence of defendant Jagadindra Nath Ghiosh on 14 th of February, 1964 and asked him to vacate the suit premises. On his refusal the suit was filed for declaration that defendant Jagadindra Nath Ghosh was a licensee under the plaintiff and that the licence was revoked, with a prayer for recovery of 'khas' possession of the suit premises after evicting defendant threrefrom and mesne profit etc. On 13 th May, 1964 said Basanti Ghosh filed another suit for recovery of khas possession on termination of licence against defendant Abanindra Nath Ghosh, another son of Jatindra Mohan Ghosh by his first wife, being Title Suit No.208 of 1964 finally renumbered as Title Suit No.94 of 1987 in the Court of learned Munsif, Second Court at Alipore on same grounds of Title Suit No.93 of 1987. On 27 th January, 1965 said Abanindra Nath Ghosh and Jagadindra Nath Ghosh filed Title Suit No.5 of 1965 finally renumbered as Title Suit No.92 of 1987 in the Second Court of Sub-ordinate Judge at Alipore for declaration and injunction against their father Jatindra Mohan Ghosh, step mother Basanti Ghosh, Mira Biswas and Sima Sarkar (married daughters of Jatindra Mohan Ghosh through his first wife).
(3.) The case of the plaintiffs' in Title Suit No.92 of 1987 may be summarized as follows:- Their father Jatindra Mohan Ghosh married their mother Subala Ghosh who was second daughter of Atul Chandra Guha, Zamindar of Bajra Jagini of Dhaka (now in Bangladesh) in 1916. Atul Chandra Guha gave sufficient dowry in said marriage. He also made a provision for Rs.5,000/- for each of his children including Subala Ghosh. At the time of said marriage Jatindra Mohan Ghosh was an employee of the Port Commissioner, Calcutta having meagre income. Subala with her 'Stridhan' purchased the suit land at a price of Rs.3,000/- from one Indu Bhusan Sarkar through a kobala dated 9 th of August, 1935 and constructed the suit building upto ground floor with her own money. While Subala was ill and not fit either physically and mentally a deed of release dated 20 th of September, 1938 in favour of her husband Jatindra Mohan Ghosh was obtained by exercising undue influence. Said fact was not known to the plaintiffs as they were minor at that time. The deed of release was vitiated by fraud and undue influence and was not binding on them and by said deed no title of Subala in the suit property passed to Jatindra Mohan Ghosh. Subala due to her prolonged illness died in September, 1939 and Jatindra Mohan Ghosh married Basanti Ghosh in 1940 and Reba Sarkar is the only daughter of Jatindra Monhan Ghosh through his second wife Basanti alias Lila. Jatindra Mohan retired from service in 1948. Plaintiff Abanindra Nath Ghosh at the request of his father constructed the first floor of the suit building in 1955 with savings of his income. At that time he was employed at Calcutta Port Commissioner. Since 1962 Jatindra Mohan Ghosh developed eye problem and became blind. During said period Jatindra Mohan Ghosh made various false allegations against the plaintiffs at the instigation of his second wife Basanti. On receipt of a lawyer's notice in 1964 the plaintiffs came to know for the first time that their father Jatindra Mohan Ghosh transferred the suit property in favour of his second wife Basanti by a registered deed of gift dated 14 th of December, 1963. Accordingly, plaintiffs alleged that as Jatindra Mohan Ghosh had no title in the property, on the basis of said fraudulent deed of release, no title passed to Basanti Ghosh. Accordingly, plaintiffs prayed for declaration of their title in the suit property, for cancellation of deed of release dated 20 th September, 1938 executed by their mother in favour of their father Jatindra Mohan Ghosh as well as the cancellation of deed of gift dated 14t h of December, 1963 executed by Jatindra Mohan in favour of Basanti alias Lila Ghosh with a prayer for permanent injunction. ;