JUDGMENT :

Supratim Bhattacharya, J.

1. The instant appeal has been preferred by the appellant being aggrieved by and dissatisfied with the judgment and decree passed in Title Appeal being Title Appeal No. 212 of 2003 dated 21.02.2007 by the Ld. Additional District Judge 3rd Court Howrah.

2. In the said judgment the First Appellate Court has allowed the appeal on contest setting aside the Judgment and Decree passed by the Ld. Trial Court which has been passed in the Title Suit being Title Suit No. 122 of 1997 dated 07.08. 2003 passed by the Ld. Civil Judge Jr. Divn. 6th Court Howrah.

3. The fact of the lis is that one Susanta Kr. Mandi had filed the Title Suit No. 122 of 1997 against Chanchala Malik and Shambhunath Das being the defendants No. 1 and 2 respectively praying for a decree for declaration that the sale deed dated 14.05.1991 between the defendants No. 1 and 2 is fraudulent and illegal as well as ultra vires and not binding upon the plaintiff and in addition had also prayed for a decree of declaration that the defendants No. 1 and 2 are the licensee and be evicted in due course of law.

4. The Ld. Trial Judge after thorough analysis and considering the evidence both oral and do