BHASKAR BHATTACHARYA, J, J.

( 1 ) THE instant first appeal is at the instance of defendants No. 1, 3 and 4 and is directed against the judgment and decree dated August 30, 1990 passed by the learned Assistant District Judge, Katwa, District Burdwan in Title Suit No. 6 of 1989 decreeing the said suit in preliminary form after declaring plaintiff's 1/3rd share in the suit property and further declaring that two sale deeds viz. Exhibit-A and Exhibit-A1 were illegal, void, collusive and fictitious and that those were not binding upon plaintiff/respondent No. 1.

( 2 ) THE respondent No. 1 brought the aforesaid Title Suit No. 6 of 1989 for partition after declaring that Exhibit-A and Exhibit-A1 alleged to have been executed by Dwijapada Gorai, the father of plaintiff, defendant No. 1 and defendant No. 2 were illegal, void, collusive and fictitious and that those were not binding upon the plaintiff.

( 3 ) THE case made out by the respondent No. 1 as per amended plaint was as follows :

( 4 ) ONE Dwijapade Gorai, the father of the plaintiff, defendant No. 1 and defendant No. 2 was the absolute owner of the suit proiperty. The said Dwijapada Gorai died intestate on August 2, 1989 leaving tw

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