Harish Tandon, J. - (1.) This revisional application is directed against the order no. 20 dated November 20, 2017 passed by the learned Sixth Court of Civil Judge (Junior Division), Howrah in Title Suit No. 1327 of 2016 by which an application under Order 39 Rule 7 of the Code of Civil Procedure filed by the defendant nos. 1, 3, 4 and 5 is allowed.
(2.) The plaintiffs/petitioners filed a suit for declaration of title and permanent injunction restraining the defendants therein from interfering with the peaceful possession of the suit premises. It is alleged in the plaint that the property comprising more or less 18 decimals appertaining R.S. Dag Nos. 838 and 854 in Mouza Unsani, under P.S. Jagacha, District Howrah, originally belonged to Abdul Mannaf Sana and his wife and the record of right was accordingly corrected. The said Abdul Mannaf Sana transferred 4 decimals of land meant for Bagan out of which 7 decimals in R.S. Dag No. 838 and 8 decimals Doba land out of 11 decimals in R.S. Dag No. 854 to one Sk. Sabir Hossain by executing a deed of gift on July 8, 2009 which was duly registered in the registration office. Subsequently, his wife also transferred her right, title and interest in respect of the aforesaid property in favour of the said Sk. Sabir Hussain by executing a separate deed of gift on August 24, 2015. Thus the said Sk. Sabir Hussain became the owner of 12 decimal of Bagan and Doba land and sold 8.70 decimals of Bagan and Doba land to the plaintiffs by executing a deed of sale duly registered in the registration office on March 10, 2016 for valuable consideration. It is further alleged that the defendants are ranked outsiders and creating obstruction and disturbances in peaceful enjoyment of the purchased property by the plaintiffs.
(3.) The contesting defendants alleged that the property originally belonged to one Akhtar Ali Mondal and upon his death devolves upon his son Mannaf Ali Mondal and Ahida Bibi. The Ahida Bibi was the widow of Akhtar Ali Mondal and upon her death her share devolved upon his only son i.e. Mannaf Ali Mondal and upon his death devolved upon his widow and four daughters. It is thus stated that Abdul Mannaf Sana has not divested his right title and interest in respect of the property and, therefore, the deed executed in favour the plaintiffs have no legal force and, therefore, no valid title passed to them on the basis thereof.;