GOPAL CHAKRABORTY Vs. SK RAFIQUE RAHAMAN

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against judgment dated 24th of February, 2011 passed by Additional District Judge, 6th Court, Alipore, District 24 Parganas (South) in Misc. Appeal No.231 of 2006 affirming order dated 10th of April, 2006 passed by learned Civil Judge (Senior Division), 10th Court Alipore in Misc. Case No.4 of 2003.

(2.) The petitioners' case may be summarized as follows:-

(3.) The substituted plaintiff filed a written objection alleging inter alia that the original plaintiff purchased the entire premises No.18 Bagmari Road being well demarcated property having area of 18 cottahs of land though it was wrongly mentioned in the deed as 23 cottahs of land. Said property was purchased from the admitted owner Kalipada Mukherjee and his two brothers under three separate deeds and as some squatters were illegally occupying 11 cottahs of land, one suit being Title Suit No.2 of 1962 was filed for recovery of possession of said portion of suit property which was decreed after contested hearing. Long back the execution case being Title Execution Case No.32 of 1963 was filed. Premises Nos. 18/1, 18/2, and 18/3 Bagmari Road are imaginary premises numbers. Present petitioners never occupied any portion of premises No.18 and they were set up by the judgment debtors to stall the execution of the decree.