BARUN KUMAR DUTTA Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) The revisional application arises out of an order dated November 15, 2022 passed by the learned Civil Judge, Junior Division, Fourth Court at Alipore, in Title Suit No.1762 of 2018.

(2.) The petitioners as plaintiffs instituted a suit against the opposite party Nos.1 to 4 for a decree of declaration that the property described in Schedule-A of the plaint was the self-acquired property of the deceased mother of the plaintiffs, late Brinda Rani Dutta. Late Smt. Dutta acquired the property on the basis of the sale deed dated November 30, 1964. According to the plaint case, the said deed was executed by the defendant No.4. The plaintiffs became absolute owner of the Schedule-A property by virtue of inheritance, after their mother's demise.

(3.) A declaration was sought that the defendant No.3 had no right, title and interest over the suit property. The plaintiffs were in possession of the property. On the strength of an alleged fraudulent deed of sale dated December 24, 2014 executed by defendant No.4 in favour of the defendant No.3, the defendant No.3 claimed right, title and interest in the property in question and denied the title of the plaintiffs. The deed of sale dated December 24, 2014 was void ab initio and not binding on the plaintiffs. A prayer for permanent injunction, restraining the defendant No.3 from taking forceful and illegal possession of the suit property on the basis of the alleged fraudulent deed was also made. Further prayer was that the defendant Nos. 1 and 2, that is, the Kolkata Municipal Corporation and its officials should be restrained from mutating the name of the defendant No.3 in respect of the suit property. Mandatory injunction for deletion of the name of the defendant No.3 from the records of the Corporation was also prayed.