SUBHRA SINHA ROY Vs. IMAN KALYAN ROY

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and decree passed in connection with Title Suit No. 2044 of 1997 by the learned judge, 10th Bench of City Civil Court, Calcutta.

(2.) THE present appellant as plaintiff filed Title Suit No. 2044 of 1997 against the respondent as defendant of the said suit for a decree of mandatory injunction for a direction upon the defendant for dismantling of a staircase from the common passage so as to make the same free from obstruction as per terms of settlement of the decree passed by the High court in Partition Suit No. 646 of 1960 and for other consequential reliefs.

(3.) THE plaintiff-appellant contended in the plaint that her predecessor-in-interest pursuant to a compromise decree passed in partition Suit No. 646 of 1960 by the High Court acquired absolute ownership over the suit property including right over a common passage free from any obstruction. The plaintiff-appellant stated in the plaint that subsequently her predecessor-in-interest Smt. Sephali Patra sold away the suit property along with the right over the common passage to the present plaintiff on 14. 7. 1978 with a tenant. The plaintiff-appellant after evicting the tenant from the suit property through a suit got physical possession over the suit property in the year 1993.