Tarun Kumar Gupta, J. - (1.) LEGAL heirs of original defendant Nos. 1 and 2 are the appellants against this judgment of reversal.
(2.) THE predecessor-in-interest of the respondent Nos. 1 ? 3 namely Rama Kant Mishra filed Title Suit being No.579 of 1988 in the Court of learned Civil Judge (Junior Division), 4 th Court Sealdah (24 Parganas North) praying for declaration, 2 permanent injunction, cancellation of deed of conveyance, recovery of possession together with other consequential reliefs. The original plaintiffs' case, in short, may be summarized as follows:- One Bartali Mia being the original owner of the suit property died on 5 th of November, 1919 leaving behind his wife Tetari Bibi and grandson Abdul Rahman through his predeceased daughter. Tetari Bibi transferred her share in the suit property to Abdul Rahman. Abdul Rahman became absolute owner of the suit property and sold out the same to one Makaradhwaj Misir through a registered kobala. On death of Makaradhwaj Misir the suit property devolved upon his brother Bahadur Misir. On death of Bahadur Misir the present plaintiffs stepped into his shoes as legal heirs.
(3.) ONE Md. Hossain claimed himself to be the owner of the suit property as the legal heir of Fakir Muhammad in whose favour Bartali Mia executed a deed of gift dated 29 th of July, 1920 in respect of suit property. He filed a suit being Title Suit No.438 of 1951 in the Second Court of learned Munsif, Sealdah. Said suit subsequently renumbered as Title Suit No.145 of 1953 on being transferred to the Court of learned First Additional Munsif, Sealdah. Said suit was filed against Abdul 3 Rahman, the vendor of predecessor-in-interest of the present plaintiffs. Learned Trial Court dismissed said Title Suit No.145 of 1953 on contest on the ground that as Bartali Mia died on 5 th of November, 1919 there was no chance of executing a deed of gift on 29 th July, 1920 in favour of Fakir Muhammad and that said deed of gift was a fraudulent document.;