AHALLAYA BALA GORAIN AHALAYA GORAIN Vs. SHRIMATI BISAKHU DEBI AND OTHER

JUDGEMENT

(1.) Title Suit Nos. 113 of 1972 and 161 of 1975 were heard analogous and were disposed of by one judgment. Both the suits were decreed. The appellant who was defendant No. 2 in both the suits filed two appeals, namely Title Appeal No. 34 of 1979 and Title Appeal No. 33 of 1979. Both the appeals were heard together and were dismissed by a common judgment. These appeals arise out of the judgment and decree passed in those two appeals. The admitted facts are that the plot in question belonged to one Baidyanath Gorai. According to the defendant No. 2/appellant on 27.12.1965, Baidyanath Gorai sold to the appellant his wife the whole of the plot in question, besides other properties. According to the plaints of both the suits, on 17.4.1972, Baidyanath transferred parts of the plot in -question, that is plot No. 926 by two different sale deeds each of the respondents. According to the appellant, in view of the fact that on 22.12.1965 Baidyanath Gorai had already transferred the property by a registered deed to her, he had no interest left in the property which he could have transferred to the respondent on 17.4.1972.

(2.) It appears that Baidyanath on 18.5.1972 executed two instruments cancelling the two sale deeds executed by him on 17.4.1972 on the ground that no consideration had been paid to him. Both the parties have admitted and rightly so that if the respondents had acquired valid title by deeds dated 17.4.1972, the deeds of 18.5.1972 are of no consequence.

(3.) Baidyanath Gorain was defendant No. 1 in both the suits. He, however, died after the trial. Therefore his name was expunged.