DEBSHANKAR KUNDU Vs. JHARNA CHOWDHURY

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties in both the appeals as both the appeals have been heard together. Facts of the case, briefly, are as follows:

(2.) Challenging such judgment and decree passed by the learned Trial Court, the plaintiffs-appellants filed Title Appeal No. 267 of 2009 which was placed before the learned 3rd Court of Civil Judge (Senior Division), Alipore and the learned First Appellate Court allowed the said Title Appeal in part and set aside the judgment and decree passed by the learned Trial Court. The learned First Appellate Court granted a decree for partial eviction in favour of the plaintiffs-appellants and the defendants-respondents were directed to vacate and deliver one room out of the suit premises in favour of the plaintiffs. It may be noted here that the learned Trial Court had passed the said judgment and decree on 30th July, 2009 in Title Suit No. 304/282 of 1991 and the learned First Appellate Court passed a judgment and decree on 8th September, 2010 in Title Appeal No. 267 of 2009.

(3.) Challenging the said judgment and decree passed by the learned First Appellate Court, the plaintiffs preferred the Second Appeal being S.A. 88 of 2011 and the defendants preferred S.A.T. 47 of 2011.