DIPAK KUMAR GHOSH Vs. SUSMITA GHOSH

JUDGEMENT

(1.) <DJG> PRASENJIT MANDAL, J.</DJG>: This second appeal is at the instance of the plaintiff/appellant herein and is directed against the judgment and decree of reversal dated September 16, 2004 passed by learned Additional District Judge, 2nd Fast Track Court, Hooghly in Title Appeal No.25 of 2003 thereby reversing the judgment and decree dated September 30, 2002 passed by the learned Civil Judge (Junior Division), 1st Court, Hooghly in Title Suit No.76 of 1999.

(2.) THE plaintiff instituted the aforesaid suit for declaration of title, permanent injunction and other consequential reliefs. The defendants are contesting the said suit by denying the material allegations raised in the plaint. Both the parties adduced evidence and on the basis of the evidence on record, the learned Trial Judge had decreed the suit.

(3.) AT the time of admission of the appeal, the following three substantial questions of law were framed for decision in the second appeal: -