Shivakant Prasad, J. - (1.) This appeal is directed against the judgment and decree passed in Title Appeal 14 of 1990 dated 25th day of May, 1991 by Assistant District Judge at Bolpur reversing the judgment and decree passed by Munsif, 2nd Court of Bolpur in Title Suit No. 33 of 1987 dated 26th day of September, 1989 inter alia, on the grounds that the learned Appellate Court below has erred in law is not considering the material evidence upon which Trial Court placed reliance.
(2.) The brief facts of the case leading to this appeal is that, the suit property earlier belonged to one Bhairab Bagdi S/o. Nabin Bagdi of Gunutiya village and the same stood was recorded in his name in C.S. Khatian No. 326 of Gunutiya mouza. Said Bhairab Bagdi died in the year 1339/1340 B.S. leaving two sons Gopal Bagdi and Ananda Bagdi and five married daughters namely, Uma, Bholadasi, Furhi, Aloka and Khandu and as per provision of prevalent Hindu Law of Succession, the properties left by Bhairab Bagdi were inherited by his two sons. Subsequently Gopal Bagdi died on 22.02.1957 leaving behind his only son Sannyasi Bagdi and only daughter Sadhana Bagdi to inherit half share each in the share of Gopal Bagdi and they inherited 1/4th share each in the suit plots. Ananda Bagdi died a bachelor and his 8 annas share in the suit plots were inherited by his three living sisters namely, Furhibala, Aloka and Khandubala each getting 1/6th share in the suit plots. Further case is that said Sannyasi Bagdi executed and registered a sale deed on 07.3.1977 in respect of his share in plot no. 2518 to the plaintiffs alongwith standing tree thereon. Khandubala and Sadhana Bagdini also sold their respective 1/6th and 1/4th share in the suit plots to the plaintiffs by registered deed of sale and then the plaintiffs acquired 10 annas 6 gondas 2 karas and 2 krantis share or 2/3rd share in the suit plots. Since the principal defendants held out threat to dispossess the plaintiffs especially from the suit plot no. 2518 in respect of .06 decimal area stating that they would construct 'chala' thereon and would fence the same, the plaintiffs instituted the suit.
(3.) The defendant nos. 1 and 2 contested the suit by filing a written statement denying all materials particulars made in the plaint and contended inter alia, that the suit plots were absolute properties of Aloka Bagdini under her possession and stood recorded in the R.S.R.O.R. in her name who had constructed two houses on plot no. 2434 and used to pay revenues and taxes for the same during her possession. Out of its total area of .19 decimal, she executed a registered deed of sale on 07.9.1971 in respect of .02 decimal to the defendant no. 2, Bisweswar Guin and by a separate registered sale deed dated 28.6.1972 she sold further area of .01 decimal out of the suit plot no. 2434 to said Bisweswar Guin. After the death of Aloka Bagdi, the rest .06 decimal area in the suit plot was transferred by her daughter Kananbala Dasi (defendant no. 1) by a registered deed of sale dated 02.4.1973 to the defendant no. 2 Bisweswar Guin. Thus, defendant no. 2 acquired title and possession in respect of entire .09 decimal area in the suit plot whose name was duly recorded in the K.B. Settlement record.;