NARAYAN CHANDRA SAHA Vs. DIPALI MUKHERJEE

JUDGEMENT

(1.) Both the appeals herein are directed against the common Judgment and order dated 6th February, 1999, and Decree dated 25th February, 1999, passed by the learned Fifth Additional District Judge at Alipore in Title Appeal Nos. 168 and 169 of 1997 confirming the judgment and decree dated 26th May, 1997 and 5th June, 1997 respectively passed by the learned Third Munsif at Alipore in Title Suit Nos. 208 of 1986 and 209 of 1986.

(2.) One Pradip Kumar Basu inducted the appellants in the Suit property. At the relevant point of time, Pushpamoy Basu, father of Pradip Kumar Basu was the owner of the property. The appellants claimed to be tenants of the suit properties whereas the plaintiff/respondent No. 1 filed both the suits contending that the appellants were trespassers and were liable to be evicted. The suit Property in Title suit No. 209 of 1986 is said to be a goomty at the said space in the South-East corner of the premises No. 23/56 Gariahat Road and in the title suit No.208 of 1986 the Suit Property is also a goomty at the said-space in the North-West corner of the said premises.

(3.) Both the Title suits were disposed of by the common judgment dated 26th May, 1997 but since two separate decrees were passed by the learned Munsif, tow appeals being Title Appeal No. 168 of 1997 and 169 of 1997 were preferred which were decided by the learned Fifth Additional District Judge, Alipore, by the common Judgment and Order dated 6th February, 1999.