CHANDRA KANTA MISTRI Vs. SAILA BALA MISTRY

JUDGEMENT

(1.) The petitioner has challenged the Order no. 130 dated 07.3.2014 passed by the Learned Civil Judge (Junior Division), 2nd Additional Court, Diamond Harbour in Title Suit No. 27 of 2010.

(2.) Brief facts leading to the instant case is that the petitioner as plaintiff instituted a Title Suit being Title Suit No. 134 of 2000 in the Learned Court of the Civil Judge (Junior Division) 3rd Court, Diamond Harbour against the Opposite Parties for declaration of right, title, interest and for injunction. On being transferred to the Learned Court of the Civil Judge (Junior Division), 2nd Additional Court, Diamond Harbour the aforesaid suit was renumbered as Title Suit No. 27 of 2010.

(3.) The plaint case is that the suit property described in the Schedule of the plaint originally belonged to the predecessor of the defendants Sudhir Mistri since died on 26.7.1985. Sudhir was a Baishnab and constructed a temple to the South of his residential bastu. Since Sudhir did not have any sons or daughters, he executed a Will on 23.6.1985 in favour of the plaintiff. Plaintiff got the Will probated vide Misc. Case No. 46 of 1994 and the same was decreed on 6.1.1996. Defendant No. 1 is residing in Plot 689 after converting the Sali land with the consent of the plaintiff. In rest portion plaintiff is in actual possession.