Narayan Chandra Sil, J. - (1.) This Second Appeal is directed against the judgment and decree of affirmation dated 25.6.1999 made by Shri Dilip Kumar Bhattacharjee, learned Assistant District Judge, 8th Court, Alipore in connection with Title Appeal No. 266 of 1997 arising out of the judgment and decree dated 20.12.1996 passed by Mrs. Firoja Khatoon, learned Civil Judge (Junior Division), 6th Court, Alipore (South) 24-Parganas in connection with Title Suit No. 233 of 1990. The trial Court was pleased to dismiss the suit on contest.
(2.) The suit was for declaration and permanent injunction filed by Smt. Pratima Maity who is the daughter of Phani Charan Kul. Phani Charan Kul was the son of Dasarathi Kul. The suit property originally belonged to Dasarathi Kul who died in the year 1972 and Phani Charan Kul died in the year 1979. It is also the plaintiffs' case that they came to know from the office of the defendant No. 8 that the defendant No. 1 filed a registered deed of settlement dated 11.7.70 and the said deed of settlement was a forged document as there is no existence of the witnesses whose name appeared in the said deed and the said deed of settlement was created in order to grab the property of the plaintiffs. It is also alleged that the said deed of settlement was procured by the defendant No. 1. The defendants contested the suit before the trial Court by filing written statement in which all the materials allegations as regards the said deed of settlement were denied. After hearing both the parties the trial Court was pleased to dismiss the suit on contest.
(3.) In fact, the impugned deed of settlement is the vortex of the case.;