SHIBA PRASAD MUKHERJEE Vs. PRADIP KUMAR MUKHERJEE

JUDGEMENT

(1.) This is a defendant's appeal from the judgment and decree passed by the learned Judge, 3rd Bench, City Civil Court, Calcutta in Title Suit No.2112 of 1984.

(2.) Admittedly six branches of co-sharers including the parties to the present appeal who jointly owned premises No.2, Jhamapukur Lane, Calcutta (disputed premises henceforward) amicably partitioned the same by a registered deed dated 6-4-84, in terms of which the lot 'E' went to the plaintiff-respondents and the lot 'B' to the defendant-appellant. The respondents filed the suit mentioned above for amongst others recovery of possession of a room (disputed room henceforward) appertaining their lot 'E' alleging that the appellant who had been possessing the said room since after the partition as their licenses refused to vacate the same on demand. The defence was that the partition had never been acted upon and that the appellant had been possessing the disputed room as a co-sharer of the disputed premises since long before the partition.

(3.) On a consideration of the materials on record the learned Trial Court decreed the suit holding in favour of the respondents case in toto. Hence, this appeal.