PRASANTA KUMAR MONDAL Vs. SUKANTA PAL

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties.

(2.) The Plaintiffs/Respondents filed a Title Suit No. 102 of 2001 which was placed before the Court of the learned 7th Civil Judge (Junior Division) at Howrah. Such suit was filed against the Defendant No. l/Appellant and the Defendant No. 2/proforma Respondent. In such suit, the Plaintiffs prayed for a decree for declaration that the Defendants do not have any right, title and interest over the suit property and also for a permanent injunction for restraining the Defendants from interfering with the alleged peaceful possession of the Plaintiffs over the suit property. In the plaint the suit property has been described to be a bastu land with structures comprising of an area of 14 chattaks 7 sq. ft. within holding No. 93, Netaji Subhas Road, Howrah. The Plaintiffs did not make any prayer for declaration of their title but the Plaintiffs claimed that they are the owners of the suit property. The Defendants contested the said suit by filing a written statement. It appears from the submissions made by the learned Advocates for the respective parties and the materials on record that the Defendants disputed the claim of the Plaintiffs over the suit property and it was the Defendants' case that the Plaintiffs purchased the said holding No. 93 by describing a false and concocted schedule and showing false plan with an ill motive to grab the Defendants' property. Materials on record indicate that there is a serious dispute about the identity of the suit property. Whether the suit property is within the holding No. 93, Netaji Subhas Road, Howrah or within the holding No. 94, Netaji Subhas Road, Howrah is a matter which was required to be decided in the suit. It further appears that the Defendants have claimed to be owners of 94, Netaji Subhas Road by virtue of sale deed and rectifications thereof.

(3.) The suit came up for hearing and the parties adduced their respective evidence. The learned Trial Court by judgment and decree dated 28th April, 2003 decreed the said suit declaring that the Defendants have got no right, title and interest over the suit property and the Defendants are perpetually restrained from disturbing and/or interfering with the peaceful possession of the Plaintiffs.