SWAPAN KUMAR BASU Vs. RAM PROSAD PAL

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated February 12, 2004 passed by the learned Civil Judge (Senior Division), 1 st Court, Hooghly in Title Appeal No.147 of 2002 thereby reversing in part the judgment and decree dated June 10, 2002 passed by the learned Civil Judge (Junior Division), 1 st Court, Hooghly in Title Suit No.208 of 2000 so far as it relates to the dismissal of counter-claim of the appellant. The plaintiff/respondent filed a suit being Title Suit No.208 of 2000 praying for a decree of declaration that the plaintiff is the absolute owner and possessor of the property mentioned in Schedule B and D of the plaint and that the defendant No.1 has no interest therein.

(2.) The defendant No.1 contested the said suit by filing a written statement along with a counter-claim praying for the relief that the plaintiff did not acquire any absolute right to the property described in Schedule D and that the defendant No.1 has right of easement over the property described in Schedule D of the plaint. The defendant No.1 has also prayed for a decree of recovery of possession of the D Schedule property and also a mandatory injunction directing the plaintiff to remove the construction etc. as described in Schedule E of the counterclaim.

(3.) Issues were framed on the basis of the pleadings of the parties and the counter-claim as raised by the defendant No.1. The parties led evidence over the issues framed.