BISWANATH GHOSH Vs. TARUN PRADHAN

JUDGEMENT

(1.) The instant revisional application under Article 227 of the Constitution of India is directed against the Order No. 125 dated February 25, 2021 passed by the Additional Court of learned Civil Judge (Junior Division) at Tamluk, District- Purba Medinipur in Judicial Misc. Case No. 10 of 2014 arising out of Title Execution Case No. 05 of 2013.

(2.) The petitioners along with some other persons filed a suit being Title Suit No. 92 of 2000, subsequently re-numbered as Other Suit No. 18 of 2007 for declaration of their right, title and interest over the southern half of 25 decimal of land in plot no. 420 in Khatian No. 303 under Mouja Kumar Ara and as a consequential relief thereof, the petitioners prayed for a decree of permanent injunction.

(3.) The father of the opposite party nos. 1 and 2, Rabindra Nath Pradhan was the defendant no. 5 in the said suit, who contested the said suit on a defence that suit plot no. 420 along with other non-suit plots belong to one Prasanna Kumar Ghosh, predecessor-in-interest of the plaintiffs and after his death, the suit plot was inherited by his two sons Kiran Chandra Ghosh and Manindra Nath Ghosh in equal shares. The said two brothers mutually partitioned the properties left by their father and by virtue of the said partition said Manindra nath Ghosh got the suit plot no. 420 along with other non-suit plots. The said Manindra Nath Ghosh, thereafter by a deed dated August 27, 1981 sold the 32 decimal of land to one Bansibadan Singh who later exchanged his said purchased lands by the deed dated February 02, 1993 with the defendant no. 5. The said defendant in the said suit further claimed that by a deed dated January 29, 1993 he purchased 6 decimal of land in the said suit plot no. 420.