BASANTI DEVI Vs. FULCHAND MONDAL

JUDGEMENT

(1.) The second appeal arose out of challenge of judgment and decree dated 29th November, 2000 and 14th December, 2000 respectively passed by learned Court of Civil Judge (Senior Division) at Kalna, District - Burdwan in Title Appeal No. 5 of 2000 affirming the judgment and decree dated 30th September, 1999 passed by learned Court of Civil Judge (Junior Division) at Kalna, District-Burdwan in Title Suit No. 375 of 1996. The present appellants who are the plaintiffs of the suit have filed this second appeal. Under Order XLI Rule 11 of Code of Civil Procedure, at the time of admission hearing of the appeal on 29th August, 2001, the Division Bench (Coram: Tarun Chatterjee & Asit Kumar Bisi, JJ.) (as their Lordships then were at the material time) admitted the appeal for hearing on framing the following substantial questions of law: -

(2.) The case of the plaintiffs in the: suit was to this effect: -

(3.) It was the case of the defendant of the suit to this effect: -