LAWS(CAL)-2013-9-99

DAVID MANTOSH Vs. APOLLO GLENEAGLES HOSPITAL LTD

Decided On September 27, 2013
David Mantosh Appellant
V/S
Apollo Gleneagles Hospital Ltd Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 24th April, 2008 passed by learned Judge, Small Causes Court, Sealdah in Title Suit No. 4 of 2005. The plaintiffs/appellants' case in short, is that the original plaintiff Daisy Mantosh and her brother James Mantosh were the owners of suit property measuring 2 bighas 2 katas 4 chataks 25 sq.ft. in Municipal premises No. 73, Canal Circular Road, Calcutta, 700054 being holding No. 42. After the death of Daisy Mantosh and her brother James Mantosh, present plaintiffs became the absolute owner of the suit property. The suit property originally belonged to one Abdul Jabbar who purchased the same in revenue sale. Abdul Jabbar transferred the suit property to one Molla Ataul Haque who again sold the said property to one Poonam Chand Seth by a deed of conveyance dated August 15, 1933. Poonam Chand Seth conveyed the said property by a deed of composition dated August 17, 1933 to Moti Chand Nakhat, Amrita Lal Shah, Thakor Lal Mehta and Champa Lal Daptari as trustees of a trust. Thereafter, said Moti Chand Nakhat, Amrita Lal Shah, Thakor Lal Mehta and Champa Lal Daptari sold the suit property to P.S. Mantosh, the predecessor-in-interest of the original plaintiff namely Daisy Mantosh and James Mantosh. After purchase, P.S. Mantosh mutated his name in the land records and Municipal records. After the death of P.S. Mantosh, his wife, sons and daughters inherited the said property as legal heirs.

(2.) Learned Police Magistrate at Sealdah in MP Case No. 678 of 1938 under section 145 of the Criminal Procedure Code passed a judgment and order dated 19th August, 1939 whereby late B.S. Mantosh, late James Mantosh were found to be the owners and possessors of suit premises bearing No. 73, Canal Circular Road, Calcutta.

(3.) Further case of plaintiffs/appellants is that Nabi Box never sold or transferred any right, title, interest and possession of the suit premises in favour of Moni Lal Goyee or Bijay Kumar Goyee. Moni Lal Goyee and Bijay Kumar Goyee instituted a Title Suit bearing No. 50 of 1942 in the Court of learned Ist Additional Subordinate Judge at Alipore against P.S. Mantosh and James Mantosh for recovery of possession and other relief's. Learned 5th Subordinate Judge at Alipore in T.S. No. 50 of 1942 passed a compromise decree dated 17.01.1949 whereby late B.S. Mantosh and James Mantosh were held to be owners and possessors of the said land at premises bearing No. 73, Canal Circular Road, Calcutta.