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2018 Supreme(Cal) 91

SHIVAKANT PRASAD
Sribas Kumar Majumdar – Appellant
Versus
Gour Mohan Biswas – Respondent


Advocates Appeared:
For the Appellants : Mr. Mrinal Kumar Das, Mr. Kalimuddin Mondal, Mr. Sankar Biswas
For the Respondents: Mr. Asit Baran Raut, Mr. Nirmal Maity

JUDGMENT :

SHIVAKANT PRASAD, J.

This appeal is directed against the judgment and decree dated 30th August, 2004 passed by Additional District & Sessions Judge, Fast Track Court No. 1, Barrackpore, North 24-Parganas in Title Appeal No. 64 of 2012 reversing the judgment and decree both dated 16.7.2012 passed by Civil Judge (Junior Division), Barrackpore, North 24-Parganas in Title Suit No. 522 of 2000.

2. The grounds inter alia taken by the appellants are that the Appellate Court below erred in law by reversing the judgment and decree dated 16.7.2012 and 26.7.2012 respectively.

3. It is contended that the Appellate Court below failed to consider the express provision of Section 103 read with Section 102 of the Indian Evidence Act, 1872 inasmuch as the burden of proof as to the particular fact of “forgery” as alleged in the plaint lies upon the plaintiffs and, sought for setting aside the judgment and decree both dated 30.4.2014 and also failed to consider that self same lands were purchased by the defendants covered by the plaintiffs' deed of sale being prior in point of time, no title can pass in favour of the plaintiffs in respect of the lands covered by the defendants deed.

4. Lower Ap



























































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