RITA MITRA Vs. LATA KAPPOR

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution of india is directed against the Order No. 25 dated 15. 9. 07 passed in Title suit No. 28 of 2007 of the Court of Civil Judge, Junior Division, 3rd Court, aiipore allowing the petition under Section 151 of the Code of Civil procedure (in short the C. P. C.) directing the plaintiff to handover possession of the suit property in favour of the defendant.

(2.) THE said Title Suit No. 28 of 2007 was filed by the present plaintiff/ petitioner Smt. Rita Mitra, wife of Debasish Mitra against the defendant/ opposite party-Smt. Lata Kapoor for a decree of declaration of title and for permanent injunction in respect of the suit property which consists of covered area of 1369 sq. feet in the ground floor together with garage and mezzanine floor in the building at Premises No. 259, Lake Gardens.

(3.) IT is the case of the plaintiff that the suit land measuring about 2 cottah and 3 chittaks along with a three storied residential building thereon originally belonged to Gita Rani Mitra who died intestate on 22. 11. 83 living behind her husband Sri Barindra Nath Mitra and three sons namely, Pradip mitra, Debasish Mitra and Rajkumar Mitra and only daughter Smt. Roma ghosh as her legal heirs. Said Barindra Nath Mitra also died intestate on 31. 5. 02 living behind his aforesaid three sons and only daughter.