PRABIR KUMAR HALDER Vs. SOUDAMINI MAZUMDER & ORS.

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff assailing the Judgement and Decree passed by the First Appellate Court in connection with Title Appeal No. 154 of 2007 which was dismissed on 11th June, 2012 by the learned Additional District Judge, 4th Court, South 24-Parganas at Alipore, wherein the learned First Appellate Court was pleased to affirm the judgement and decree passed by the learned Trial Court in connection with Title Suit No. 148 of 2004 dated 10-03-2004 which was also an order of dismissal.

(2.) The case of the plaintiff/appellant can be stated in brief thus:

(3.) That the suit property, which is within the Calcutta Municipal Corporation, originally belonged to Narendra Kumar Mazumdar. He acquired the land by one registered Deed of Sale dated 09-05-1973. He died leaving behind two sons, i.e. the defendant nos. 2 and 3 and widow, i.e. the defendant no. 1 and after his death, they remained in possession of the suit property. It may be noted that at first the suit was filed by the plaintiff without making any endorsement that the opposite party No. 3 is a lunatic but later on the plaint was amended and the prayer portion was also amended to make it â .. "rd of the suit plot. The defendant no. 3 was represented by his natural guardian, i.e. the mother, the defendant No. 1 before the trial court. In this second appeal there is none to represent them.