- (1.) These three appeals are against a judgment and decree passed by the Addl. District Judge, 5th Court, Alipore, confirming judgment and decree passed by the Ist Court of Munsiff to the same station. The learned Munsiff in his judgment disposed of three different suits by an analogous trial of the same and the learned Addl. District Judge also disposed of three analogous appeals arising out of the aforesaid suits by delivering a common judgment. The facts out of which the relevant suits and appeals arose need be described at the outset.
(2.) The disputed property is 33 decimals of land out of 37 decimals in plot No. 129 of Khatian No. 943 of Mouja Kasba which has since been recorded as holding No. 108A, Dr. Girindra Sekhar Bose Road, within the Corporation of Calcutta. This property originally belonged to two brothers - Banar Ali Mistri and Ujir Ali Mistri. They sold this property by a registered sales deed dated 27.2.48 to Sk. Anwar Hossain, one of the respondent before his Court and the plff. in T.S. 67 of 1971. This sale deed was, however, challenged subsequently by Ujar Ali and the son and daughter of Bahar Ali (who had died in the meantime) in T.S. No. 95 of 1959 of the Ist Court of Munsiff, Alipore (subsequently re-numbered as T.S. No. 143 of 1961 of the 6th Court of Munsiff, Alipore). In the said suits Ujar Ali and the heirs of Bahar Ali alleged that the relevant sale deed was obtained by Anwar Hossain fraudulently by misrepresenting to the vendors that it was actually a power of attorney. They accordingly prayed for a declaration that the said deed was a sham and fraudulent document and also for a permanent injunction against Anwar restraining him from realising rent from the tenants, collecting fruits from the trees etc. That suit was dismissed on contest. An appeal was filed against the judgment of the Munsiff, but the same was also dismissed. A second appeal was then filed before the High Court, but the same was summarily dismissed. In T.S. No. 67 of 1971 Anwar asserted his possession in the suit property in Khas and through tenants and sought a decree of permanent injunction against the defdts. The principal defdts. of this suit are plffs. in the other two suits namely, T.S. 189 of 1971 and T.S. 421 of 1979 and Anwar Hossain is the principal defdt. therein. As all the three suits involved common questions of facts and law, the learned Munsiff heard them analogously and delivered a common judgment in T.S. No. 67 of 1971 governing all the suits. He decreed T.S. No. 67 of 1971 in Anwar's favour and dismissed the other two suits.
(3.) Three appeals were filed against the common judgment and the learned Addl. District Judge by another common judgment dismissed all the three appeals and confirmed the judgment of the learned Munsiff. The present appeal is against this appellate judgment.;