AMAL KUMAR CHAKRABORTY Vs. CHHABI GOSWAMI

JUDGEMENT

(1.) This First Appeal is directed against the judgment and decree passed on 30th March, 2012 by the 12th Bench, City Civil Court at Calcutta, in Title Suit No. 2097 of 2007 at the instance of the defendant/respondent no. 3.

(2.) In connection with this appeal, the appellant has filed an application under Order 41 Rule 27 of the Code of Civil Procedure seeking leave to adduce additional evidence in this appeal. We will deal with the said application while considering the merit of this appeal.

(3.) Let us now consider the merit of this appeal in the facts of the instant case. Admittedly, the suit property originally belonged to Gokul Chand Goswami & Atul Krishna Goswami who were the shebaits of Sree Sree Radha Kanta Jew and other deities located at 41, Mahendra Goswami Lane. It is also an admitted position that Tara Sundari Devi (Goswami) became the ultimate trustee from the branch of Gokul Chand Goswami. It is also an admitted position that Chhabi Goswami and Madhabi Mukherjee were the last shebaits from the branch of Atul Krishna Goswami. It is also an admitted position that after the death of Tara Sundari Devi, Amal Kumar Chakraborty (Goswami) started acting as shebait from the branch of Gokul Chand Goswami as the adopted son of Tara Sundari Devi (Goswami) along with the two other admitted shebaits, viz., Chhabi Goswami and Madhabi Mukherjee who started realising rent jointly from the tenants of the debottar estate.