MAYARANI DUTTA Vs. RANJIT KUMAR NANDI

JUDGEMENT

(1.) Two appeals arising out of the judgment and decree dated September 24, 2015 passed in two suits being Title Suit no. 1552 of 2004 and Title Suit 1529 of 2004 heard analogously concerning self same property and disposed of by this judgment. Title Suit No. 1522 of 2004 was originally filed by Smt. Maya Rani Dutta herein after called as Dutta's and Title Suit No.1529 of 2004 was filed originally by Ranjit Kumar Nandi hereinafter called as Nandi's. Both the suits were heard analogously and after trial Title Suit No. 1522/2004 filed by Dutta's was dismissed but Title Suit No. 1529 of 2004 filed by the Nandi's was decreed.

(2.) Being aggrieved by the judgment passed in Title Suit No. 1522 of 2004 Dutta's preferred an appeal being first appeal No. 93 of 2016 and also feeling aggrieved by the judgment passed in title Suit No. 1529 of 2004, the same Dutta's preferred first appeal No. 92 of 2016.

(3.) The issue involved in both suits and appeals are with regard to ownership of 3 feet wide passage in between the two premises i.e. premises No. 10 Chandra Sur Lane, Kolkata-700006 owned by Dutta's and premises No. 11, Chandra Sur Lane, Kolkata -700006 owned by Nandi's and said two adjacent house are not separated by any boundary wall. Dutta's asserted that the said 3 feet wide passage form part of premises No. 10 Chandra Sur Lane and belonging to the Appellants but Nandi's have wrongly shown and claimed said 3 feet passage and obtained a plan form Kolkata Municipal Corporation (KMC) for the purpose of raising construction.