PRASUN CHAKRABORTY AND ORS. Vs. INDIRA JAISWAL

JUDGEMENT

(1.) This First Appeal being F.A.T No. 551 of 2015 is directed against the judgment and decree dated 24th August, 2015 passed by the learned Judge 10th Bench, City Civil Court at Calcutta in Title Suit No. 3138 of 2007 at the instance of the defendant/appellant.

(2.) There are two other appeals, one being FAT No. 549 of 2015 (Prasun Chakraborty v/s. Smt. Indira Jaiswal) and other being FAT No. 550 of 2015 (Pradip Chakraborti v/s. Indira Jaiswal). Both these appeals are directed against the judgments and decrees both passed on 24th August 2015 by the learned Judge 10th Bench, City Civil Court at Calcutta in T.S No. 3214 of 2007 and T.S. No. 3107 of 2007 respectively. In all these three appeals, the plaintiff/respondent is common, and the defendants/appellants are three brothers. Three suits were filed by the common respondent against all these three brothers for recovering possession of the suit premises which are in their possession at Premises No. 12/1 Ram Krishna Das Lane, P.S. Amhertst Street, Kolkata 700009. Prasun Chakraborti was the defendant in T.S. No. 3107 of the 2007. Pradip Chakraborty was the defendant and in T.S. No. 3138 of 2007. Prabir Chakraborty was the defendant in T.S. No. 3138 of 2007.

(3.) The case made out by the plaintiff in all these three suits and the defence taken by the defendants in their respective written statement filed in these suits, are identical. Even the evidence of the parties adduced in all the said three suits are in the same line. Those three suits were disposed of by delivering independent judgment in each of these three suits on 24th August, 2015 but each of such judgments is identically same with the other. The issues raised in all these three suits were also identical and all these issues in the said suits were decided by the learned Trial Judge in the same line. In fact the judgment passed in one suit is the verbatim copy of the judgment passed in the other suit. As such, we heard all these three appeals analogously and propose to dispose of all the three appeals by a common judgment.