SUBIMAL SARKAR @ DAS DECEASED, REPRESENTED BY LEGAL HEIRS ARATI SARKAR & ORS Vs. BIJON BIHARI ROY CHOUDHURY & ORS

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 22nd April, 2016 passed by the learned Civil Judge (Senior Division), Balurghat, Dakshin Dinajpur in Title Appeal No. 18 of 2014 affirming the judgement and decree dated 29th May, 2014 passed by the learned Civil Judge (Junior Division), Balurghat, Dakshin Dinajpur in Title Suit No. 99 of 2009 at the instance of the defendants/appellants.

(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

(3.) Here is the case where we find that the plaintiff filed a suit for declaration of his title in respect of the "ka" schedule suit property on the strength of oral exchange or alternatively by way of adverse possession. He has also prayed for a decree for mandatory injunction for directing the defendants to execute a deed of exchange. The plaintiff has also prayed for declaration of his right, title and interest in respect of "kha" schedule property. He has also prayed for recovery of possession by evicting the defendants from the "kha" schedule property.