JAGABANDHU PATRA Vs. JOYDEB DESHALI & ANR

JUDGEMENT

(1.) Leave is granted to the learned advocate-on-record of the appellant to rectify the defect in the Memorandum of Appeal in the light of the report of the Stamp Reporter.

(2.) This Second Appeal is directed against the judgment and decree dated 23rd June, 2016 passed by the learned Additional District Judge, 1st Court, Hooghly, in Title Appeal No.85 of 2013 affirming the judgment and decree dated 26th February, 2013 passed by the learned Civil Judge (Junior Division) 2nd Court at Hooghly in Tittle Suit No.94 of 2006 at the instance of the defendant/appellant.

(3.) Let us now consider as to whether any substantial question of law is involved in this Second Appeal for which the appeal is required to be admitted for hearing under the provisions of Order 41 Rule 11 of the Code of Civil Procedure. The plaintiff/appellant filed a suit for declaration of his right, title and interest in respect of the suit property. Admittedly, the father of the defendant no.1 was a bargadar in respect of the suit property. On the death of the father of the defendant no.1, the defendant no.1 became a bargadar in respect of the suit property. The plaintiff s claim that the right of bargadarship was surrendered by the defendant no.1 in favour of the plaintiff on 25th June, 2002. Since then the suit property became free of bargadarship. The plaintiff, thus claimed that since the time of surrender of the right of bargadarship by the defendant no.1 in the suit property, the plaintiff is in khash possession of the suit property. Since the defendant no.1 even after such surrender tried to disturb the possession of the plaintiff, the plaintiff filed the instant suit for declaration of his absolute right, title and interest in respect of the suit property.