Jyotirmay Bhattacharya, J. - (1.) This First Miscellaneous Appeal is directed against an order of remand passed by the learned Civil Judge (Senior Division), Diamond Harbour on July 27, 2011 in Title Appeal No.01 of 2010 at the instance of the defendant/appellant. Let us now consider as to whether there is any merit in this First Miscellaneous Appeal for which the appeal is required to be admitted for hearing under the provisions 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 partition against the defendants describing them as the plaintiff's co-sharer in the suit property. The plaintiff's claim his right, title and interest in the suit property from his vendors who by way of successive transfers of the suit property from Farhad Ali Molla acquired title in the suit property.
(3.) The defendants contested the said suit denying the plaintiff's title in the suit property. They claimed that Farhad Ali Molla died on April 16, 1962. As such, Farhad Ali Molla could not have transferred his interest in the suit property by executing the registered deed of sale on April 1, 1963 in favour of Ebad Ali Gayen. According to the defendants, since Ebad Ali Gayen could not acquire any title in the suit property by virtue of such transfer from Farhad Ali Molla through the registered sale deed dated April 1, 1963, the subsequent transferees of the suit property from the purchaser of Farhad Ali Molla including the plaintiff could not acquire any title in the suit property. As such, they pray for dismissal of the suit.;