NIRMAL MISTRY Vs. BENOY KRISHNA HOME ROY

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated July 19, 1999 and July 22, 1999 respectively passed by the learned Additional District Judge, 3rd Court at Alipore, 24-Parganas (South) in Title Appeal No. 439 of 1990 reversing the judgment and decree dated 14th September, 1990 and 3rd November, 1990 respectively passed by the learned Assistant District Judge, 4th Court at Alipore, 24-Parganas (South) in Title Suit No. 119 of 1989.

(2.) The plaintiff/respondent filed the suit being Title Suit No. 119 of 1989 before the learned Assistant District Judge, 4th Court at Alipore, 24-Parganas (South) for declaration, recovery of possession and mandatory injunction against the defendants.

(3.) The plaintiff/respondent stated in the plaint filed in connection.with the aforesaid title suit that the suit property was purchased by the plaintiff from one, Smt. Reba Bhowmik by a registered Deed of Conveyance dated 20th January, 1970. According to the plaintiff, the suit land was/is a vacant land and the plaintiff is in possession thereof since his purchase.