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2014 Supreme(Gau) 985

S.TALAPATRA
Minati Sen – Appellant
Versus
Rabindra Sen – Respondent


For the Appellant :S.P. Dutta Purkayastha and D.K. Biswas, Advocates
For the Respondents:S.M. Chakraborty, Sr. Advocate

S. Talapatra, J.

1. This is an appeal under Section 100 by the plaintiffs under Section 100 of the C.P.C. questioning the legality of the reversal judgment dated 28.08.2007 delivered by the Additional District Judge, Kailashahar, North Tripura in Title Appeal No. 27 of 2006.

2. The appellant and the respondent No. 3 filed the suit being Title Suit No. 27 of 2006 for declaration that the schedule deeds are illegal, effects of fraud and collusion, void and not binding upon the plaintiffs and further that the plaintiffs are entitled to 1/2 share in the properties described under the schedule of the property. By 3(three) registered gift deeds under No. 1-617, 1-618 & 1-619 dated 10.03.1986, described in the second schedule, Rashamoy Sen, the father of the appellant, gifted the entire suit land described in the first schedule to Rabindra Sen, his only son, the respondent No. 1. Their allegations in the plaint are that on exercising of undue influence and fraud their three uncles made their father to execute the gift deeds in a clandestine manner. Even their mother namely Malati Sen, respondent No. 4, was in the dark and the plaintiffs gathered the knowledge of existence of gift deeds only






















































































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