HARADHAN CHOUDHURY Vs. BARADA KUMAR SEN

JUDGEMENT

(1.) BOTH the CRP No. 80 of 2008 and RSA No. 24 of 2008 are being disposed of by a common order since the dispute is between the same parties and this common order will deal with all the disputes raised by the parties.

(2.) SRI Haradhan Choudhury and others had filed Title Suit No.21 of 1995 for recovery of possession of suit property which is the subject matter of Title Suit No.21 of 1995 and had also prayed for mesne profits. The suit was decreed and a decree for possession of the suit land and for mesne profits from the date when the defendants in that suit had taken possession of the land was passed in favour of the plaintiffs. The appeal in that suit was filed by the defendants Smt. Hiranmoyee Sen and others. The first appeal as well as the RSA No. 13 of 2005 filed by the defendant Smt. Hiranmoyee Sen and other co -defendants were dismissed and in Execution Petition No.02 of 2005 Haradhan Choudhury and others admittedly got possession of the land which was the subject matter of Title Suit No. 21 of 1995. Thereafter, in the same execution petition Haradhan Choudhury in respect of his decree for mesne profits also sought for attachment and sale of the following property: -

(3.) NO order of attachment was passed. After Haradhan Choudhury had filed the application for attachment of the property in which he had admitted that the aforesaid suit land belongs to Smt. Hiranmoyee Sen and others, the said Hiranmoyee Sen and others filed Title Suit No.4 of 2006 praying that they be declared owners of the said property and the defendants, i.e. Haradhan Choudhury and others be directed to handover possession of the suit property to them and also prayed for mesne profits. This suit was decreed on 20 -09 -2007. The suit confirming the title of Smt. Hiranmoyee Sen and others was decreed in their favour and a decree for possession was granted in their favour by the trial Court on 20 -09 -2007 but the trial Court did not grant any mesne profits to them. Against this judgment, both the sides filed appeals being T.A. No. 22 of 2007 and T.A. No. 23 of 2007. Both the appeals were disposed of by a common judgment on 09 -04 -2008 and the learned lower appellate Court allowed the appeal of the plaintiffs Smt. Hiranmoyee Sen and others and also granted mesne profits to them and dismissed the appeal of the defendants Haradhan Choudhury and others.