ASIS MUKHERJEE Vs. KRISHNA MITRA

JUDGEMENT

(1.) At the very outset it is pertinent to mention here that the appellants not being parties to the suit or first appeal filed this appeal along with an application (CAN no. 4 of 2024) seeking leave to file appeal. Hon'ble Division Bench, considering the caveatable interest in the subject property, granted leave to file. Hence this appeal.

(2.) Challenge in the present appeal is to a judgement passed by Ld. Additional District Judge, 6th Court, Alipore on 2/12/2023, in connection with Title Appeal no. 84 of 2018 wherein Ld. First Appellate Court reversed the judgment and decree passed by the Ld. Civil Judge, Junior Division, 2nd Court, Alipore in Title Suit No. 302-17 of 2006.

(3.) The brief facts leading to the present appeal is that the subject Land was purchased on 30/5/1947 by the joint family in the name of one Kamal Basini Majumder, grandmother of plaintiffs. Said Kamal Basini Majumder executed a deed of gift on 30/8/1967 by allotting 50% of the land to her elder son Binoy Krishna Majumder and rest 50% to her grandsons namely Surojit Majumder & Subhojit Majumder. Subhojit Majumder, plaintiff no. 2/respondent no. 4 died as bachelor during pendency of the first appeal and his name was expunged from the cause title of this appeal.