KALYAN KUMAR HALDER Vs. SANTOSH KUMAR HALDER

JUDGEMENT

(1.) The instant First Miscellaneous Appeal is directed against the judgement and order of remand passed by the learned Additional District Judge, 2nd Court, Barrackpore in Title Appeal No. 61 of 2013 analogously with Title Appeal No. 62 of 2013 on 27th January, 2016.

(2.) Suffice it to say that the appellants as plaintiffs filed Title Suit No. 245 of 2001 against the defendant for eviction and recovery of khas possession in respect of the suit property along with consequential reliefs impleading the defendant as a ranked trespasser in respect of the same. The defendant, on the other hand, instituted Title Suit No. 338 of 1989, since renumbered as Title Suit No. 298 of 1999 against the plaintiffs of the subsequent suit praying for declaration of his title, eviction of the defendants on revocation of licence and permanent injunction.

(3.) Both the suits were heard analogously. The learned Trial Judge decreed the suit filed by the appellants and dismissed the suit filed by the present respondents. The respondents preferred two appeals against the judgement and decree passed in Title Suit No. 245 of 2001 and judgement and decree of dismissal passed in Title Suit No. 298 of 1999 which were registered as Title Appeal No. 61 of 2013 and Title Appeal No. 62 of 2013.