PARTHA PRATIM CHOUDHURY Vs. RATHINDRA NATH SAHA

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and decree passed by learned Civil Judge, Senior Division, Kalna in Title Appeal No. 11 of 2011, affirming thereby the judgement and decree passed by learned Civil Judge, Junior Division, Kalna, in Title Suit No. 153 of 1993, dismissing the suit for declaration and permanent injunction filed by the plaintiff/appellant.

(2.) For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

(3.) To appreciate the appeal in its proper perspective it is expedient to narrate the facts of the case in brief. The appellant (hereinafter referred to as 'plaintiff') filed the suit for declaration of title and permanent injunction. It is adverted that one Rabindra Nath Gupta was the owner of the suit plot, after the demise of Rabindra Nath Gupta his legal heirs and successors stepped into his shoes and transferred the property (having an area of 9 decimal out of 11 decimal) in favour of the plaintiff by a registered deed of sale. The remaining area of 2 decimal on the north-east corner is owned and possessed by Khokan Saha @ Rathindra Nath Saha. There is a tile shed room on the south-eastern side of the suit plot which is owned and used by plaintiff and his family members as drawing room. The said room is connected to municipal road and accessible to public. The defendants want to use it as club room. The defendants made attempts to take possession of the property by force. The defendants have no right title interest over the suit property. Plaintiff was contemplating construction of a boundary wall encompassing the property purchased but the defendants threatened the plaintiff to dispossess him from the said tile shed room on 28/5/1993. Hence by filing the suit the plaintiff prayed for decree for declaration of right title interest in respect of suit property, permanent injunction and other relief available under the law.