SHIVNARAYAN GOPE Vs. KULDEEP SARAF

JUDGEMENT

(1.) Judgment and decree dtd. 30/8/2016 passed by the learned Civil Judge, Senior Division, 2nd Court, Asansol in Title Suit No. 103 of 2014 (226 of 2013) are under challenge in this instant appeal. By the judgment and decree impugned, the learned Court below dismissed the suit being a suit for declaration and permanent injunction and alternatively for partition and also for other allied reliefs.

(2.) Sans unnecessary details, facts required to be adumbrated for the purpose of disposal of the appeal are :

(3.) Record speaks that upon pleadings of the respective parties, learned Court below framed as many as 7(seven) issues. To substantiate his case, the appellant adduced oral accounts of himself and of one Ranjit Maji, who were examined as PW-1 and PW-2 respectively and the appellant tendered some documents namely, the certified copy of registered deed of sale being no. 6470 of 1962, C.S. R-O-R, L.R. R-O-R, certified copy of the order sheets of B.L.& L.R. O., Jamuria, finally published L.R. R-O-R relating to Khatian no. 153, J.L. No. 21, P.S. Jamuria, Domahani, Damodarpur which were marked as Ext.1 to 5 (series) respectively. On the other hand, to resist the suit, the respondents adduced oral testimonies of Kuldip Saraf and of one Samir Nag, who were examined as D.W.1 and D.W.2 respectively. The respondents produced some documents namely, original registered deed of sale being no. 6470 of 1962, certificate of enlistment issued by Jamuria Municipality in the year 2015-16, municipal tax receipt, telephone bill of suit premises, income tax return, challan etc., which were marked as Ext.-A to E respectively. As has been stated earlier, the learned Court below upon scrutiny of pleadings and evidence of the respective parties dismissed the suit.