PRITHWISH CHANDRA BHATTACHARYA Vs. RUBI MUKHARJEE

JUDGEMENT

(1.) This first appeal is at the instance a defendant in a suit principally for recovery of money and is directed against the judgment and decree dated April 18, 2000 passed by the learned Civil Judge, Senior Division, 9th Court, Alipore, District South 24 Parganas in Title Suit No. 76 of 1995 thereby passing a money decree in respect of Rs. 2,62,499/- with further direction to pay compensation to the plaintiff for giving lesser amount of 384 square feet of car parking space at the rate at which the plaintiff transferred similar car parking space to one Dr. S. K. Biswas. The learned Trial Judge further directed the defendant to pay interest at the rate of 15% per annum on the total decretal sum from the date of institution of the suit till actual payment.

(2.) Being dissatisfied, the defendant has come up with the present appeal.

(3.) The plaintiff filed the previously mentioned Title Suit No. 76 of 1995 thereby basically claiming recovery of money amounting to Rs. 13,29,662/- with further prayer of permanent injunction restraining the defendant and his men and agents from interfering with or disturbing the possession of the plaintiff in the suit roof fully described in schedule "B" annexed to the plaint.