ASIS GHOSH Vs. MUNAIAMMA DEVI

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant/plaintiff being aggrieved by and dissatisfied with the Judgment and order passed by the Ld. Judge of the City Civil Court, Vth Bench at Calcutta on 28/9/2007 in Title Suit No. 283 of 2004.

(2.) Through the aforementioned Judgment the Ld. Trial Judge has been pleased to dismiss the said suit on contest seeking declaration that the respondent/defendant has trespassed into the suit premises and has no right to occupy the suit premises and further prayer for recovery of khas possession of the suit premises.

(3.) The original plaintiff in the title suit was Dr. Pannalal Ghosh who was the sole and absolute owner of the suit premises, being situated at 5 Kyd street, P.S. Park Street, Kolkata -700016, by virtue of a deed of gift. On the demise of the said Dr. Pannalal Ghosh initially all his legal heirs and successors, being brothers and sisters had been substituted as appellants. Thereafter except Asis Ghosh all the remaining appellants have been transposed to the category of the proforma respondents, as because letter of administration has been granted in respect of the will of the said Pannalal Ghosh solely in favour of the said Asis Ghosh.