( 1 ) THIS is an appeal against the judgment and decree passed by Sri S. K. Biswas, Subordinate Judge, 3rd Court, Midnapore, dated 13-6-68 in Title Appeal No. 682 of 1977 affirming those of Sri A. K. Sil, Munsif, 2nd Court, Tamluk, dated 27-9-67 in Title Suit No. 287 of 1965.

( 2 ) THE plaintiff is the appellant in this Court. The plaintiff seeks a declaration to the effect that the kobala described in the 'kha' schedule to the plaint in favour of the defendants Nos. 1 to 3 in respect of the suit land is fraudulent and collusive and as such not binding upon the plaintiff. The plaintiff also prays for permanent injunction restraining the defendants Nos. 1 to 3 from interfering with the plaintiff's possession of the same. According to the plaintiff 'ka' sch. lands along with other lands belonged to the plaintiff's grand-father Trailokya. His son was Sudhir, The plaintiff is the eldest son of Sudhir. Sudhir had two sons who predeceased the plaintiff. Defendant No. 4 is the second wife of Sudhir. The plaintiff and his father used to stay with Trailokya who was affectionate to them. Trailokya subsequently executed a registered deed of Arpannama on 12th Baisakh, 1356