PABITRA DEB Vs. UTTAM DEB

JUDGEMENT

(1.) This second appeal is at the instance of the defendant no.1 and is directed against the judgment and decree dated February 18, 2009 passed by the learned Additional District Judge, 3rd Court, Hooghly in Title Appeal No.150 of 2006 thereby affirming the judgment and decree dated March 31, 2006 passed by the learned Civil Judge (Junior Division), 1st Court, Hooghly in Title Suit No.127 of 2000 decreeing the suit and dismissing the counter-claim filed by the defendant no.1. The plaintiff/respondent herein instituted the aforesaid title suit for declaration, permanent injunction and other consequential reliefs claiming ownership over the suit property on the basis of a deed of gift executed by his mother.

(2.) The defendant no.1, brother of the plaintiff, has filed a written statement contending, inter alia, that the deed of gift is not binding upon him and he has prayed for reliefs by way of counter-claim.

(3.) The other defendants have filed a separate written statement contending, inter alia, that they are the tenants and not the trespassers as contended by the plaintiff.