MOHAN CHANDRA KARAK Vs. BANI ROY

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated February 11, 2005 passed by the learned Additional District Judge, 3 rd Court, Bankura in Title Appeal No.63 of 2004 thereby affirming the judgment and decree dated September 30, 2004 passed by the learned Civil Judge (Junior Division), 2 nd Court, Bankura in Title Suit No.121 of 1997.

(2.) The respondent no.1 instituted a suit being Title Suit No.121 of 1997 for declaration of her right, title and interest in the suit property and that the defendant no.1 has no right, title and interest in the suit property, permanent injunction restraining the defendant no.1 from disturbing the plaintiff's possession in the suit property and other reliefs. That suit was decreed on contest against the defendant no.1 and ex parte against the rest defendants.

(3.) Being aggrieved, the defendant no.1 preferred an appeal being Title Appeal 63 of 2004. That appeal was dismissed on contest affirming the judgment and decree passed by the learned Trial Judge. Being aggrieved, the defendant no.1 has preferred this second appeal.