SAIBAL SARKAR Vs. SANGITA GHOSH

JUDGEMENT

(1.) The instant appeal is directed against Order No. 43 dtd. 2/1/2025 passed by the learned Civil Judge (Senior Division), Additional Court, Hooghly Sadar in T. S. No. 190 of 2018. By the said order the plaint in the suit filed by the appellant was rejected under the provisions of Order 7 Rule 11(d) of the Code of Civil Procedure.

(2.) The brief facts relevant for the instant appeal are that the appellant and the respondent are brother and sister. Their father had granted an oral licence in the year 2001 to the appellant/brother to construct the first floor on a particular property owned by the father.

(3.) Pursuant to such oral license, the appellant effected permanent construction on the first floor and was residing thereat.