AJOY KUMAR GHOSH Vs. SHYAMAL DAS

JUDGEMENT

(1.) Dispute between the parties has been culminated a title suit being TS No. 7 of 2021, now pending before the Civil Judge (Junior Division) Court at Cooch Behar district. The Court passes an order in the same, that is dtd. 6/5/2024, which is under challenge in this revision. The said order is for rejecting petitioner's prayer, made before the Court under Order 26 Rule 9 of the Civil Procedure Code. The petitioner is the defendant in the said suit, whereas the opposite party No.1 is the plaintiff therein.

(2.) The petitioner say that he is the owner by way of purchase, of a piece of land measuring 2 Katha, 3/4 Dhur, comprised within Mouza - Sahar Cooch Behar, in R.S. Plot No. 10284 (part of L.R. Plot No. 13687) and municipal holding No. 53 comprised within ward No.-12. That, he has purchased the same vide a deed of conveyance dtd. 7/9/1999 and since then he is the owner of absolute right, title and interest over there. That, he in exclusive possession of the said property, and recorded his name into the record of rights.

(3.) On the other hand, following is the description of the suit property, which the opposite party No.1/plaintiff, claims to be owned by him :