Ashis Kumar Chakraborty, J. - (1.) This second appeal is directed against the judgment and decree dated July 09, 2010 and July 15, 2010, respectively passed by the learned Additional District Judge, 4th Court, Nadia, in Title Appeal No. 59 of 2006 thereby affirming the judgment and decree March 29, 2006 passed by the learned Civil Judge (Senior Division), 1st Court, Krishnagar, in Title Suit No. 50 of 1996 (hereinafter referred to as the "present suit").
(2.) The present suit was filed by the respondent No. 1 and his wife Smt. Gita Banik against Tara Prasad Haldar (hereinafter referred to as "Tara Prasad", for convenience). During the pendency of the suit, the plaintiff No. 2 Smt. Gita Banik died leaving behind her husband the respondent No. 1, and his son, the respondent No. 2 in the appeal, who was substituted as plaintiff No. 2 in the suit. In the present suit, the plaintiffs claimed declarations that the decree dated February 23, 1995 obtained by Tara Prasad in Title Suit No. 51 of 1987 passed by the Civil Judge (Senior Division), 1st Court, Krishnagar and the sale deed dated February 19, 1996 executed in favour of Tara Prasad on the basis of the said decree dated February 23, 1995 in respect of (Ka) schedule suit property are all vitiated by fraud practised upon the Court, a decree for declaration of their title in respect of the (Ka) schedule suit property, decree for permanent injunction restraining Tara Prasad from interfering with their possession in respect of the suit property and a note of decree of declaration of the (Ga) schedule Kobala as fraudulent be sent to the concerned sub -Registrar.
(3.) The case of the plaintiffs in the plaint was that the properties being Plot No. 204, measuring 26 decimal of land and Plot Nos. 205, 206 and 207 measuring 2 decimal of land each, total 33 decimal land, under Khatian No. 833 of Mouza 94 Rabindra Sarak, Ward No. 22, P.S. Kotwali, within Krishnagar Municipality (hereinafter referred to as the "original property") was owned by one Bholanath Ganguly who had five sons. After the death of Bholanath, in a partition suit, the original property was allotted to his three sons namely, Nibaran, Probodh and Sudhir, in equal share and by virtue of an amicable settlement between the said three brothers, one -third share in the original property comprising homestead including pacca dalan, wall, privy etc. and a few tenanted shop rooms on 11 decimal of land, that is, 5 decimal in Plot No. 204 and 2 decimal each in Plot Nos. 205, 206 and 207 of Holding Nos. 35 and 38, Mouza 94 Rabindra Sarak, within Krishnagar Municipality, Ward No. 22 (hereinafter referred to as the "suit property") was allotted to Sudhir.;