PRAFULLA BALA MUKHERJEE Vs. SATISH CHANDRA MUKHERJEE

JUDGEMENT

(1.) The plaintiff-appellant filed a suit claiming, inter alia, the following reliefs :-"a) A decree for a declaration of the absolute right, title and interest of the plaintiff in respect of a two storied house at BD-280, Salt Lake City, Police Station Salt Lake, 24-Parganas more fully described in the Schedule written hereunder :b) A decree for perpetual injunction restraining the defendant No. 1 and each of his relatives and representatives from creating any nuisance and/or interfering with the occupation and possession of the plaintiff and the members of the family and also restraining the defendant No. 1 from inducting other person/persons on the ground floor of the said two storied house at BD-280 Salt Lake City 24-Parganas more fully described in the schedule written hereunder."

(2.) Shortly stated the fact of the matter is as follows :The plaintiff was the sister of Gopal Mukherjee. She and her husband adopted Ganesh Chandra Mukherjee in the yer 1949, one of the five sons of the said Gopal Mukherjee. Admittedly, the plaintiff has three daughters. The aforementioned Ganesh Chandra Mukherjee was an employee of State Bank of India. A plot of land being BD-280 Salt Lake City was allotted in his name and he allegedly constructed a two storeyed building thereon. He along with the plaintiff and her daughters started living in the said house. The aforementioned Ganesh Chandra Mukherjee died in 1984 whereafter the plaintiff became the owner of the property. However, the defendants who are sons of the said Gopal Mukherjee forcibly occupied the ground floor of the said building and on that ground the aforementioned suit was filed.

(3.) The defendants in their written statement denied and disputed the aforementioned allegations made in the plaint. They in particular denied that Ganesh Chandra Mukherjee was ever given in adoption to plaintiff and her husband. In fact, according to them the relationship between two families at the relevant time was strained.