ROHAN SARKAR & ORS Vs. PRADIP KUMAR SARKAR & ORS
LAWS(CAL)-2015-12-173
HIGH COURT OF CALCUTTA
Decided on December 21,2015

ROHAN SARKAR And ORS Appellant
VERSUS
PRADIP KUMAR SARKAR And ORS Respondents

JUDGEMENT

- (1.) This second appeal is directed against the judgement and decree dated 28th February, 2014 passed by the Learned Civil Judge (Senior Division) Sadar, Cooch Behar in Title Appeal No. 11 of 2012 affirming the judgement and decree dated 22nd March, 2012 passed the Civil Judge (Junior Division), Sadar, Cooch Behar in Title Suit No. 41 of 2007, at the instance of the defendants/appellants.
(2.) Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted under the provision of Order 41 Rule 11 of the Code of Civil Procedure, or not.
(3.) The plaintiffs filed a suit for declaration of their title in respect of the suit property upon a further declaration that the deed of gift alleged to have been executed by their father on 15th January, 2003 in favour of the defendants is a forged and manufactured document and the said deed of gift was never acted upon. The defendant no.1 is the cousin brother of the plaintiffs. It is alleged by the plaintiffs that the plaintiffs are three brothers and two sisters. The plaintiff no.1 claims that his father died on 7th January, 2006 and on his death, he along with his other brothers and sisters inherited the suit property from their father.;


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