- (1.) HEARD . Plaintiff is appellant. The original owner, Baleshwar Choudhury, transferred his properties by registered sale deed dated 25.2.1975, Ext B/1 to his wife Kalo Devi. He died in the year 1978, leaving behind his widow and a son Umesh Choudhury. By registered sale deed dated 1.9.1978, Ext. 3 Umesh Choudhury transferred the suit property, which was part of the property already transferred to Kalo Devi by his father to the plaintiff. A proceeding under section 145 of the Code of Criminal Procedure was instituted in relation to the suit property, and by final order passed therein possession of Kalo Devi was declared. Plaintiff thereafter filed the present suit for declaration of his title on the basis of purchase in the year 1978, confirmation of possession and if found dispossessed for recovery of possession and also for declaration that final order dated 2.11.1982 passed under section 145 of the Code of Criminal procedure as well as revisional order dated 22.7.1985 were illegal. Both the courts below recorded concurrent findings of fact that sale deed Ext. B/1 was neither a farzi nor a benami transaction and as such plaintiffs vendor was not authorized to transfer the suit property to him on 1.9.1978, which exclusively belonged to Kalo Devi and consequently he did not acquire any right, title, interest and possession over the same. The sale deed, Ext. 3 was, therefore, invalid.
(2.) THIS Second Appeal is concluded by concurrent findings of fact. It is accordingly, dismissed.;