BARID BARAN LAHA Vs. MANJURI GHOSHAL

JUDGEMENT

(1.) This second appeal is directed against judgment and decree dated 29th August, 2008 and 5th September, 2008 respectively passed by learned Civil Judge (Senior Division), 3rd Court at Howrah in Title Appeal No. 14 of 2008 thereby reversing the judgment and decree dated 13th December, 2007 passed by learned Civil Judge (Junior Division), 7th Court at Howrah in Title Suit No.38 of 2003.

(2.) The appellant/plaintiff's case, in short, is that the suit property was purchased property of one Pijush Kanti Laha. He died on 8.10.94 leaving behind his father Balai Chandra Laha as his sole legal heir. After his death Balai Chandra Laha became the owner of the property and continued to possess the same. Balai Chandra Laha died on 13.12.95 leaving behind the present plaintiffs as his legal heirs. Since then present plaintiffs are in possession of the suit property and are realizing rent from the tenant.

(3.) Balai Chandra Laha during his life time filed a suit being Title Suit No.7 of 1995 in the Court of learned Civil Judge (Junior Division), 2nd Court at Howrah against Bantra Cooperative Bank Ltd. and in that suit vide order No.84 dated 10.2.2003 the defendant was held to be wife of deceased Pijush Kanti Laha. Though said order dated 10.2.2003 is under challenge before competent Court of Law, the defendant was trying to dispose of the suit property claiming ownership of the same and accordingly the suit was filed with a prayer for (a) "a decree for permanent injunction thereby restraining the appellant from transferring / alienating /encumbering any portion of the suit property till her alleged legal status is being finally adjudicated" (b) "for a further decree for permanent injunction against the appellant thereby restraining her from disturbing the peaceful possession of the respondents in respect of the suit property."