Manoranjan Mallick, J. - (1.) This is an appeal against the judgment and decree passed by the Addl. District Judge, 12th Court Alipore, dated 17th September, 1979 in Title Appeal No. 126 of 1973 setting aside the judgment and decree passed by the Munsif 3rd Court, Alipore, dated 23rd December, 1972 in Title Suit No. 334 of 1969 and sending the suit on remand for further hearing after framing proper issues and on giving opportunities to both the parties to adduce the evidence in support of the said suit and to decide the suit again on the basis of evidence on record and that may be adduced by the parties.
(2.) Following are briefly the facts.
(3.) One Nirodamoyee purchased the suit property with structure and was in possession thereof. Nirodamoyee being the father's aunt of the plaintiffs made a deed of gift of the same to the parents of the plaintiff by a registered deed of gift dated 29.5.1935 and delivered possession. The defendant nos. 1 and 2 were in possession of the property as a caretaker as the father of the plaintiff used to stay at Salkia on account of his service. After the death of the father of the plaintiffs, the plaintiffs came to know on 9.10.69 that the defendant nos. 1 and 2 raised two pucca rooms by the side of the suit room and fraudulently executed a collusive sale deed in favour of the defendant no. 3 and also got their names recorded in the R.S. Records of Right. The plaintiffs have therefore, filed the suit against the defendants for declaration of title and for recovery of possession and also mandatory injunction for removal of the structure standing on the Kha schedule property.;