SANAT KUMAR CHATTERJEE Vs. DWIJENDRA CHANDRA BHATTACHARJEE

JUDGEMENT

(1.) This second appeal is at the instance of a plaintiff in a suit for declaration and injunction and is directed against the judgment and decree dated 30/05/1990 passed by the learned Assistant District Judge, 1st Court, Howrah in Title Appeal No. 178 of 1989 thereby reversing those dated 29/06/1989 passed by the learned Munsif, 4th Court, Howrah in Title Suit No. 78 of 1985.

(2.) The appellant herein filed a suit in the 3rd Court of learned Munsif, Howrah being Title Suit No. 11 of 1985 which was transferred to the 4th Court of Munsif, Howrah and was re-numbered as Title Suit No. 78 of 1985.

(3.) In the suit, the appellant prayed for a decree for declaration that B schedule property was a separate unit and holding and the respondent Nos. 1 and 1(a) were liable to make construction on C schedule property by leaving side and rare space as per rule of Howrah Municipal Corporation and for permanent injunction restraining the respondent No. 1 series from making any construction on the C schedule property and restraining the respondent No. 2 from giving any final sanction to the building plan in respect of the said property. In the said suit the appellant also prayed for decree for mandatory injunction directing the respondent No. 1 series to restore the property to its previous position.