JUDGMENT :

1. This Second Appeal is directed against the judgment and decree dated 30th November, 2010 passed by the learned Additional District Judge, 2nd Court, Malda in Title Appeal No. 48 of 2009 reversing the judgment and decree dated 30th June, 2009 passed by the learned Civil Judge (Junior Division), 2nd Court, Malda in Title Suit No. 120 of 2000. The present appellant was the plaintiff in the suit and prayed for a declaration that the Trust Deed dated 19th March, 1991 was absolutely a forged deed and the same was never executed by Chandi Pada Chakraborty who had no mental and physical capacity to execute any such deed. And further prayed for an injunction restraining the defendants from claiming absolute ownership of the suit property on the basis of alleged Trust Deed as the same was void and was never executed on 19.03.1991.

2. Defendant nos. 1, 2, 4, 5 and 6 filed written statements denying the plaint averments and that the plaintiffs have no right, title and interest over the suit property and they are not entitled to get any decree for permanent injunction. The learned trial Judge settled as many as six issues. While answering issue no.3 "Whether the deed dated 19.03.199