NILIMA ROYCHOWDHURY Vs. SUBHAS CHANDRA GHOSH & ORS

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order dated 6th December, 2016 passed by the Learned Civil Judge (Senior Division), 7th Court, Alipore, South 24-Parganas in Title Suit No. 69 of 2015 at the instance of the plaintiff/appellant. By the impugned order, the plaintiff's prayer for temporary injunction was rejected by the learned Trial Judge.

(2.) Let us now consider as to how far the learned Trial Judge was justified in rejecting the plaintiff's prayer for temporary injunction in the facts of the instant case.

(3.) Admittedly, Manmatha Nath Guha was an allottee of the suit plot from the Refugee Relief Rehabilitation Department, Government of West Bengal. It is also an admitted fact that no deed of gift was executed by the RR Department in favour of Manmatha Nath Guha during his lifetime. Manmatha Nath Guha died intestate leaving behind him his daughter viz. Asha Rani Nag and one Subhas Chandra Ghosh who was the son of the predeceased daughter of Manmatha Nath Guha.