Ashis Kumar Chakraborty, J.

1. This second appeal is directed against the judgment and decree dated July 09, 2010 and July 15, 2010, respectively passed by the learned Additional District Judge, 4th Court, Nadia, in Title Appeal No. 59 of 2006 thereby affirming the judgment and decree March 29, 2006 passed by the learned Civil Judge (Senior Division), 1st Court, Krishnagar, in Title Suit No. 50 of 1996 (hereinafter referred to as the “present suit”).

2. The present suit was filed by the respondent no. 1 and his wife Smt. Gita Banik against Tara Prasad Haldar (hereinafter referred to as “Tara Prasad”, for convenience). During the pendency of the suit, the plaintiff no. 2 Smt. Gita Banik died leaving behind her husband the respondent no. 1, and his son, the respondent no. 2 in the appeal, who was substituted as plaintiff no. 2 in the suit. In the present suit, the plaintiffs claimed declarations that the decree dated February 23, 1995 obtained by Tara Prasad in Title Suit No. 51 of 1987 passed by the Civil Judge (Senior Division), 1st Court, Krishnagar and the sale deed dated February 19, 1996 executed in favour of Tara Prasad on the basis of the said decree dated February 23