JHARESWARI MOHAPATRA Vs. SANTOSH KUMAR MAHAPATRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dated 31st July, 1978 passed by Sri A.K. Chakraborty, the learned Additional District Judge at Midnapore in Title Appeal No. 139 of 1977 affirming those dated 30th May, 1977 passed by Sri R.K. Ghose, Munsif at Danton in Title Suit No. 70 of 1974. The suit before the lower Court was filed seeking for declaration and injunction. The trial Judge after contested hearing was pleased to pass the decree in favour of the plaintiff/respondent and accordingly granted decree for declaration and permanent injunction in his favour.

(2.) The substantial question of law for determination of the present appeal was formulated as under:--

(3.) For the purpose of the present appeal, the case appearing in the plaint may be summarised as follows:--