SUBAL CHANDRA MAITY Vs. USHA BANERJEE

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendants in a suit for declaration and injunction and is directed against the judgment and decree dated 12th May, 2004, passed by the learned Trial Judge, Tenth Bench, city Civil Court at Calcutta, in Title Suit No. 1271 of 2001 thereby decreeing the said suit in part.

(2.) BEING dissatisfied, the defendants have come up with the present first appeal.

(3.) THE respondents before us filed in the city Civil Court at Calcutta a suit being Title suit No. 1271 of 2001 thereby praying for declaration that the plaintiffs were the absolute owners of three garages including one stable on the ground floor of premises Nos. 131-A and 131-B, Akhil Mistry Lane, calcutta-9 and were entitled to use and enjoy the said property without any interference and interruption of ingress and egress and for permanent injunction restraining the defendants, their men and agents from disturbing or interfering with the possession of the plaintiffs in those properties as mentioned above.