SUPRIYA ROY AND ANOTHER Vs. BIJAYA BOSE

JUDGEMENT

(1.) The grievance of the petitioners herein is that the further progress of their subsequent suit has been arrested on the ground that a prior suit was instituted by the opposite party in respect of the same premises.

(2.) There is no doubt that the opposite party's suit, T.S. No.1238 of 2011 was instituted prior to the petitioners' suit, T.S. No.1881 of 2011.

(3.) The substance of the petitioning plaintiffs' claim in the plaint is that they have purchased the suit property from erstwhile owners Achinta Das and Ashim Nath Das and that the original defendants and, upon the death of one of them, the surviving defendant has no right in respect of the property in question. The claim is founded on the fact that the father of the opposite party, Paramesh, was the original tenant who died in 1986, then survived by widow Sandhyarani and the opposite party daughter.