SIKHA DAS Vs. JITENDRA KUMAR BORAL

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendant Nos. 1 and 2 in a suit for declaration and permanent injunction and this appeal is preferred against the judgment and decree dated 30th May, 1998, passed by the learned Trial Judge, Eleventh Bench, City Civil Court at Calcutta in Title Suit No. 270 of 1994 thereby passing a decree in the said suit.

(2.) THE respondent filed a suit being Title Suit No. 270 of 1994 against the appellants for declaration that sale of premises No. 7/1, Jhamapukur Lane, Calcutta effected on 16th December, 1992 by the defendant No. 2 in favour of the defendant No. 1 was void, inoperative and not binding upon the plaintiff and for further declaration that the defendant No. 1 was not the owner of the said premises by purchase from the defendant No. 2. The plaintiff further prayed permanent injunction restraining the defendant No. 1, her men and agents from transferring, assigning for otherwise dealing with the said premises.

(3.) THE case made out by the plaintiffs may be summed up thus: