ANJALI DEBNATH Vs. RATAN DEBNATH

JUDGEMENT

(1.) Heard Mr. B. Banerjee, learned counsel for the appellant as well as Mr. DK Das Choudhury, learned counsel appearing for the respondent no. 1.

(2.) The present second appeal originates from the judgment and decree dtd. 28/2/2019 passed by the learned District Judge, Gomati District, Udaipur in connection with Title Appeal 21 of 2015 whereby and whereunder the judgment and decree dtd. 17/10/2015 and 16/11/2015 respectively passed by the learned Civil Judge, Senior Division, Gomati, Udaipur in Title Suit 16 of 2011 had been dismissed.

(3.) Shortly stated, the appellant in the instant appeal was the original plaintiff who instituted a suit for declaration of her right, title and interest over the suit land and for perpetual injunction against the respondent no. 1. It is her case that she purchased the suit land from respondent no. 2 vide Sale Deed no. I-495 dtd. 17/3/2009. After such purchase of the suit land, she had been possessing the land peacefully. However, in the month of May, 2011, the defendant-respondent no. 1 had made an attempt to dispossess her from the suit land and on being threatened of such dispossession, she instituted the present suit, particularly, against the respondent no. 1 to protect her title and possession.