APPOLLO GLENEAGLES HOSPITALS LIMITED Vs. SOMNATH CHAKRABORTY

JUDGEMENT

(1.) These two appeals were heard by us on the above mentioned dates. Since both these appeals arise out of the same order, both are disposed by this common judgment and order.

(2.) BACK DROP: Premises No. 59, Canal Circular Road, Kolkata was owned by one Narayan Chandra Dutta during his life time. After his demise his heirs sold and conveyed the said premises to Smt. Tilak Sundari Debi and Sidhubhusan Mukherjee vide conveyance dated April 6,1949. The said premises was a vacant land. After purchase Tilak Sundari Debi and Sidhubhusan Mukherjee applied for a redemption certificate which was issued by the then Collector of District 24-Parganas on June 15, 1953. Tilak Sundari Debi subsequently came to learn that M/s. Hindustan Housing and Development Trust Limited (hereinafter referred to as "Hindustan") attempted to mutate the said land in their favour on the strength of a deed of conveyance dated June 15,1957 executed by M/s. Guin Brothers claiming to be the successor in interest of Sidhubhusan Mukherjee.

(3.) Tilak Sundari Debi filed a title suit being Title Suit No.79 of 1960, inter alia, praying for a declaration that Sidhubhusan Mukherjee was her benamder and had no independent right over the land in question. Tilak Sundari Debi prayed for recovery of possession. Tilak Sundari Debi filed the title suit as aforesaid as against Sidhubhusan and Hindustan. It transpired from the written statement that there had been a partition suit in this Court in its Original Side being Partition Suit No. 1493 of 1939. Receiver was appointed in the said suit who sold the premises in question to one Bijoy Kumar Guin who in turn sold it to Hindustan vide conveyance dated June 15,1957.