PANKAJ KUMAR GHOSH Vs. CHUNILAL DAS

JUDGEMENT

(1.) This hearing arose out of an application under Article 227 of the Constitution of India filed at the instance of Pankaj Kumar Ghosh, plaintiff-decree holder opposite parties against an order dated 7.8.95 passed by Shri P.N. Sinha, Additional District Judge of the fourth Court of Alipore in Civil Revision Case No. 157 of 1989.

(2.) Shri Chunilal Das, opposite party No.1 and petitioner in the Civil Revision Case No. 157 of 1898 appeared and opposed this application.

(3.) The plaintiff-present petitioner on 11.6.59 filed title Suit No. 432 of 1959 before the fifth Court of Munsif (presently Civil Judge, Junior Divison) at Alipore (which was re-numbered as Title Suit No. 307 of 1962 on being transferred to the first Court of Munsif (presently Civil Judge, Junior Division) at Alipore praying for declaration of title and khas possession along with a negative declaration that the defendants including Shri Chunilal Das (present O.P. No.1) have no right, title or interest in respect of a land having an area of 2 Cuttah 3 Chittak in Dag No. 1078 of Khatian No. 824 in Mouza Dhakuria No. 25, Gariahat Road (East) within P.S. Tollygunge, Dist. 24 Pgs., now within Corporation of Calcutta fully detailed and described in the Schedule to the plaint (hereinafter called the 'suit land' for brevity), on the allegation that on 11.8.1936 his vendor Kiron Chakraborty took settlement of the suit land with specific boundaries and on 12.5.59, the plaintiff purchased the same from Kiron Chakraborty on the basis of a registered Kobala.