DEBDAS MUKHERJEE Vs. SMT. GITA GHOSH

JUDGEMENT

(1.) This revisional application is directed against an order no. 39 dated 17th June 2016 passed by learned Civil Judge (Junior Division), Second Court, Howrah in Title Suit No. 154 of 2009 (Title Suit No. 3842 of 2014) by which an application for amendment of the plaint is rejected.

(2.) The plaint proceeds that the mother of the petitioner, namely, Smt. Renubala Mukherjee was the owner of the suit premises and executed and registered a deed of gift dated 3rd Jan. 2008 gifting the suit premises to the plaintiff/petitioner and also delivered the possession thereof. It is further stated therein that the said deed of gift was acted upon as the petitioner accepted the same and, therefore, acquired a right, title and interest in respect thereof. A notice was issued to the defendant/opposite party asking her to quit, vacate and hand over the possession of the suit premises and on refusal to do the same, the present suit is filed.

(3.) In the written statement, the defendant/opposite party could not deny the right, title and interest of the mother but created a confusion that rent was paid to one Renukabala Mukherjee.