Shivakant Prasad, J. - (1.) This appeal is directed against the judgment and decree dated 9th March, 2007 passed by First Court of Additional District Judge, Howrah in Title Appeal No. 32 of 2006 reversing the judgment and decree dated 31st January, 2006 passed by Civil Judge (Senior Division), Uluberia, Howrah in Title Suit No. 101 of 2000 inter alia on the grounds that the learned Court of Appeal has failed to consider the moot issue as to whether a particular transaction is a loan transaction or an out and out sale, as enunciated in the case of Buddhu Shaw vs. Mongal Shaw, 0 70 CalWN 982.
(2.) Brief facts leading to this case is that the suit property belonged to four brothers namely, Chunilal Das, Nandalal Das, Mihirlal Das and Distupada Das collectively having half share and the rest half share belonged to Benugopal Halder and Tarani Halder. Out of a mutual partition amongst them Chunilal and his brothers got Plot No. 1183 and Benugopal and his brother got Plot No.1182 of Mouza- Bekutal, P.S. Uluberia and Chunilal and his brothers jointly owned and possessed 'A' scheduled property.
(3.) Subsequently, Mihirlal and Bistupada sold their half share in the 'A' scheduled property to Khorsed Ali vide registered sale deed dated 25.3.1958 (Exhibit-2). Khorsed Ali died leaving behind his five sons i.e. the plaintiffs no.1 to 5. Chunilal and Nandalal also transferred their rest half share in the suit property to Noor Islam Khan and others.;