SANKAR DASTIDAR Vs. SHRIMATI BANJULA DASTIDAR

JUDGEMENT

(1.) Leave granted.

(2.) What would be the period of limitation for raising a counter claim in respect of wrongful detention of goods is the question involved in this appeal which arises out of a judgment and order dated 19.01.2005 passed by the High Court of Calcutta in F.A. No. 71 of 2002.

(3.) Appellant and late Kamakshya Kumar, husband of Dipti Dasgupta Respondent No. 2 herein are brothers. Banjula Dastidar, Respondent No. 1 herein is their sister. They had one more sister Bulbul Dastidar (who died in November, 1987). A suit was filed by Respondent No. 1 against the appellant inter alia for declaration of title in regard to their residential house situate at P-824, New Alipore, Kolkata. Allegedly, the appellant had put a lock, in a room where Respondent No. 1 Banjula used to stay, on 16.03.1987. An inventory was made in the said suit by appointing an Advocate Commissioner. A suit was filed by the appellant thereafter. A counter claim was filed by Respondent No. 1 in the said suit claiming damages for wrongful detention of her belongings on 24.06.1992. The amount of claim was purported to have been made on an allegation that validity of a National Saving Certificate could not be renewed and, thus, she had suffered a loss of Rs. 88, 000/-. She also claimed damages to the tune of Rs. 50, 000/- for wrongful detention of her belongings including garments and personal effects. The suit was withdrawn. The counter claim, however, was treated to be a suit. It was decreed.