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2007 Supreme(Gau) 767

BROJENDRA PRASAD KATAKEY
Lalchand Sha – Appellant
Versus
Kalabati Devi – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: N. Choudhury, S.C. Kayal, S.K. Ghosh and R.C. Paul, Advs.
For Respondents/Defendant: D.C. Mahanta, T.J. Mahanta and P. Bhattacharjee, Advs.

JUDGMENT

B.P. Katakey, J.

1. This appeal, by the Plaintiffs, is directed against the judgment and decree dated 19.01.2002 and 01.02.2002, respectively, passed by the learned Civil Judge (Sr. Division), Dhubri, in Title Appeal No. 22/2002 dismissing the appeal by upholding the judgment and decree dated 18.04.2000 passed by the learned Civil Judge (Jr. Division), No. 1, Dhubri in Title Suit No. 56/1994, whereby and whereunder, the suit filed by the Plaintiffs was dismissed on the preliminary issue relating to the limitation.

2. The Plaintiffs instituted Title Suit No.56/1994 in the Court of the learned Munsiff, No. 1, Dhubri against the present Respondents as Defendants praying for declaration that the gift deed No. 1938 dated 15.02.1974 alleged to have been executed in favour of Defendant No.3 by Gouri Shah Gour, the predecessor in interest of the Plaintiffs, is illegal, forged and manufactured; that Gouri Shah Gour never gifted the suit land; that the Defendant No.3, therefore, could not derive any right, title and interest over the suit land by virtue of such gift deed; that the Plaintiffs are not bound by such deed of gift and also for declaration that the Defendant No. 1 cannot der































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