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2019 Supreme(Cal) 472

SAHIDULLAH MUNSHI
Dayabati Das – Appellant
Versus
Meera Das – Respondent


Advocate Appeared:
Saptangsu Basu, Sibasish Ghosh, Tanmay Mukherjee, Koushik Roy, Debasish Roy, Sourav Sen, Advocates.

JUDGMENT :

1. This second appeal is at the instance of the defendant nos. 1, 2 and 3/appellants against the judgment and decree dated September 11, 2018 passed by the learned Additional District Judge, 2nd Court at Hooghly in Title Appeal No. 113 of 2006 affirming the judgment dated March 30, 2006 and decree dated April 7, 2006 passed by the learned Civil Judge (Junior Division) Additional Court at Hooghly in Title Suit No. 150 of 2003. Respondent nos. 1 and 2 were the plaintiffs before the trial Court whereas the respondent nos. 3 to 7 were defendants in the suit. Defendant nos. 3 to 7 adopted the submission of the appellants and supported the stand taken by them. Only plaintiffs/respondents contested the appeal.

2. According to the plaint case, the predecessor of both the plaintiffs and the defendants, namely, Prasanna Kumar Das, during his lifetime engaged his son Monimohan Das for purchase of some properties in the name of Prasanna Kumar Das with his money and to get the sale deed registered in his name. But Moni Mohan Das, with some ulterior motive, got the document in his n

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