REGENT COMPUTRONICS PVT. LTD.

KARTICK CHANDRA KAPAT Appellant

V/S

AMULYA CHARAN KAPAT Respondents

Referred Judgements :-

SURTEES V. ELLISON [REFERRED TO]
R V. WEST RIDING OF YORKSHIRE JUSTICES [REFERRED TO]
HAMILTON GELL V. WHITE [REFERRED TO]
ABBOTT V. MINISTER FOR LANDS [REFERRED TO]
KAMESWAR PERSHAD V. RAJKUMARI RUTTUN KOER [REFERRED TO]
DENOBANDHOO CHOWDHRY V. KRISTOMONEE DOSSEE [REFERRED TO]
DIRECTOR OF PUBLIC WORKS V. HO.PO.SANG [REFERRED TO]
A. V. B. [REFERRED TO]
A. V. B. [REFERRED TO]
A. V. B. [REFERRED TO]
A. V. B. [REFERRED TO]
A. V. B. [REFERRED TO]
UNION OF INDIA V. KHEMCHAND RAJKUMAR [REFERRED TO]
G.OGDEN INDUSTRIES PVT. LTD. V. LUCAS [REFERRED TO]
SURENDRA NATH JANA V. ABHIMANYU JANA [REFERRED TO]
EYACHHIN ALI NASKAR V. GOLAP GAZI [REFERRED TO]
KALIPADA GHOSH V. DULAL CHANDRA GHOSH [REFERRED TO]
SUDHANAYA CHARAN PAL V. MANICK CHANDRA PAL [REFERRED TO]
BHAGWAN DAS VS. CHET RAM [REFERRED TO]
M THIMMA RAJU VS. DRONAMRAJU VENKATAKRISHNA RAO [REFERRED TO]
ABINASH CHANDRA JANA VS. CHAKRADHAR KHATUA [REFERRED TO]
BENARAS ICE FACTORY LTD VS. SUKHLAL AMARCHAND VADNAGRA [REFERRED TO]
ABHARAN CHANDRA SAHA VS. SANAT KUMAR SEN [REFERRED TO]
MADAN MOHAN GHOSH VS. SISHU BALA ATTA [RELIED ON]
SHIBA PROSANNA BANERJEE VS. MRITYUNJOY KHAN [REFERRED TO]
NABIN MAJHI VS. TELA MAJHI [REFERRED TO]
KUMARASWAMI GOUNDER VS. D R NANJAPPA GOUNDER DEAD [REFERRED TO]
DEBENDRA NATH SEN VS. GANENDRA NATH BERA [REFERRED TO]
ABHOY KANTA GOHAIN VS. GOPINATH DEB GOSWAMI [REFERRED TO]
GOAS ALI BHUIYA VS. LAL MIA [REFERRED TO]

JUDGEMENT

(1.) This appeal from appellate decree, is directed against the judgment and decree dated 18th March 1975 and 7th April 1975, made in Title Appeal No. 501 of 1974 by the learned Subordinate Judge, 4th Court, Alipore reversing thereby the judgment and decree dated 25th February 1974, passed in Title Suit No. 68 of 1968 by the learned Munsif, 6th Court, Alipore.

(2.) The, concerned suit was one for declaration and injunction and was filed on 7th February 1968, wherein the claim of the plaintiff was that the suit land and other lands belonged to defendants Nos. 1 and 2 and by a Registered Deed of partition dated 7th September 1962, between them, the suit property along with other properties were allotted to the defendant No. 2, Kamalesh Kapat and since then, he was in exclusive possession of them. It was further stated that by Kobala dated 5th December 1962, the defendants Nos. 3 and 4 purchased the property in suit from the said defendant No. 2., with a condition for reconveyance, incorporated in another deed executed on the same date.

(3.) It has been stated, that as per the terms oi the deed of agreement, the defendants Nos. 3 and 4 reconveyed the property in suit, by executing a Kobala dated 29th January 1963 to defendant No. 2 and since then, he had been in possession of the properties in question. The plaintiff asserted that thereafter, he purchased the suit property from the said defendant No. 2 under a Kobala dated 24th March 1963 and the further allegation was that, the defendant No. 1 claiming to be a co-sharer of defendant No. 2, filed an application under section 26F of the Bengal Tenancy Act, which was registered as Misc. Case No. 89 of 1965, for the purpose of pre-empting the transfer, sought to be made by the Kobala dated 5th December 1962 and which was executed by the defendant No. 2 in favour of defendants Nos. 3 and 4. In that proceeding, the plaintiff in this suit, was opposite party No. 4, while defendants Nos. 3, 2 and 4 were opposite parties Nos. 1, 2 and 3 respectively.

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KARTICK CHANDRA KAPAT Vs. AMULYA CHARAN KAPAT

Referred Judgements :-

JUDGEMENT

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