SRIPATINATH NEOGI Vs. IRA RANI SUR

JUDGEMENT

(1.) This is an appeal preferred against the judgment and decree passed in Title Appeal No. 213 of 1976 and 218 of 1976 by the Second Court of Subordinate Judge, Hooghly, arising out of title suit no. 177 of 1973 of the first court of Munsif at Chandernagore.

(2.) This is a suit for declaration of title, recovery of possession and injunction.

(3.) The plaint case is that the plaintiffs and defendant are related as brothers and sister. Their father died intestate on 19.10.71 and the mother died on 10.2.73, leaving behind the parties to the suit and other two daughters. It is uncontroverted that the parties are governed by Hindu Law. The disputed property is a dwelling house and land appertinent thereto which belonged to the father of the parties. The plaintiffs have been enjoying the entire house with their family members. The defendant who was residing with her husband at Chittaranjan came to the dwelling house to attend the Sradh Ceremony of the mother of the parties and was accommodated in the room of their mother. The defendant did not vacate the said room. She said that she would not go back to her husband at Chittaranjan. The defendant has no right of residence into dwelling house. So the suit has been filed.