- (1.) This Second Appeal is directed against the judgement and decree passed by the learned Additional District Judge, 2nd court at Tamluk, in Title Appeal No. 18 of 2005 affirming the judgement and decree dated 14th March, 2002 passed by the learned Civil Judge, Junior Division, 3rd Court at Tamluk, in Title Suit No. 79 of 1999 at the instance of the plaintiff/ appellant. Let us now consider as to whether any substantial question of law is involved in this second 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.
(2.) Here is the case where we find that the plaintiff filed a suit for declaration of his absolute title in the suit property and for injunction against his brothers impleading them as defendants in the said suit. The defendants contested the said suit by filing written statement by denying the allegations made out by the plaintiff in the plaint. Parties led evidence in support of their respective claims. The learned Trial Judge after considering the materials on record and after hearing the learned advocates of the parties was pleased to dismiss the suit by holding interalia that the plaintiff's claim for his 16 anna ownership in the suit property cannot be allowed as it is found that the title deed through which the plaintiff is claiming title over the suit property was executed and registered by the admitted owner thereof, even before the plaintiff was born.
(3.) The plaintiff himself stated in his evidence that he was born on 7th January, 1946 but the title deed through which the plaintiff is claiming title over the suit property was registered on 24th June, 1943. Holding as such, the learned Trial Court held that the plaintiff has failed to establish that he became the absolute owner of the suit property. As a matter of fact, the learned First Appellate Court also affirmed the same finding of the learned Trial Court in the appeal filed by the plaintiff challenging the said decree of the learned Trial Judge. The instant Second Appeal is directed against the said judgement and decree of the learned First Appellate Court.;