FULMALA BISWAS Vs. BISWAJIT SARKAR

JUDGEMENT

(1.) The instant second appeal was filed against the judgment and decree dtd. 30/11/1999 passed by the Learned Asst. District Judge, 1st Court, Krishnanagar, Nadia in the Title Appeal No. 61 of 1998 whereby the said Appellate Court confirmed the judgment and decree of the Trial Court dtd. 18/05/1998.

(2.) At the outset, the rival pleadings of the parties raised in the Trial Court should be considered. The Plaint case, in nutshell, is as follow:

(3.) The suit was filed praying for declaration of title, permanent injunction and mandatory injunction. The Defendant No. 1 being the present Appellant contested the suit by filing written statement, refuting all the allegations. It was pleaded that the suit is bared by the provision of Sec. 34 of the Specific Relief Act, 1963, since the Plaintiffs/Respondents are not in possession. The positive case of the Appellant/Defendant No.1 may be summarized as follow: