SULEKHA DAS Vs. KALPANA SARKAR

JUDGEMENT

(1.) This Second Appeal has been preferred by appellant/defendant impugning the judgment and decree dtd. 25/3/2008, passed by learned Civil Judge (Senior Division), 1st Court, Alipore, in Title Appeal No. 279 of 2006, reversing the judgment and decree dtd. 6/4/2006, passed by learned Additional Civil Judge (Junior Division), 3rd Court, Alipore in Title Suit No. 35 of 2005, dismissing the suit ex parte.

(2.) Before coming to the core issues raised in this appeal, in context with the substantial question of law already framed by Division Bench of this Court, a reference to some revealing facts may be of good relevance. This would, however, necessary for perfectly understanding of the dispute surfaced between the parties.

(3.) The suit property, mentioned in the Schedule to the plaint, originally belonged to one Radha Rani Sarkar, since deceased.