JUDGEMENT
JYOTIRMAY BHATTACHARYA,J. -
(1.) This second appeal is directed against the
judgement and decree dated 29th March, 2014 passed by the learned Civil
Judge (Senior Division), Additional Court, Purulia in Title Appeal No. 38
of 2013 by reversing the judgement and decree dated 26th July, 2012
passed by the learned Civil Judge (Junior Division), Purulia in Title
Suit No. 362 of 2004 at the instance of the plaintiff/appellant.
(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this appeal for which the
appeal is required to be admitted for hearing under the provision of
Order 41, Rule 11 of the Code of Civil Procedure or not.
(3.) The plaintiff filed a suit for declaration of his title and for injunction. He claimed that Moti Mura was the owner of the suit property.
Pursuant to an oral agreement made between the plaintiff and Moti Mura,
the plaintiff paid a sum of L 500/- being the consideration money for
sale of the suit property in his favour by Moti Mura. On acceptance of
such consideration money, possession of the suit property was delivered
to the plaintiff by Moti Mura who ultimately could not execute any deed
of transfer as he subsequently became ill.;
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