KHODAIJA KHATOON Vs. MAHMUNNESSA BIBI & ORS

JUDGEMENT

(1.) The opposite parties filed a suit being Title Suit No. 72 of 2002 in the 3rd Court of learned Civil Judge (Junior Division), Alipore Dist. 24 Parganas (South) against the defendant/petitioner, inter alia, praying for a decree that the plaintiffs predecessor-in-interest Sk. Naiyamat, now deceased acquired right, title and interest over the suit property by adverse possession and his interest has been vested to the plaintiffs.

(2.) The petitioner in the said suit has prayed for a decree of eviction of the plaintiffs and their men and agents from a portion of the suit property being premises No. 9C, Bhukailash Road, Kol. 700023, describing the plaintiffs as the trespassers therein by way of counterclaim.

(3.) The learned Trial Judge by the judgment and decree dated September 30, 2010 dismissed the suit but decreed the counterclaim by directing the plaintiff to vacate the suit premises within sixty days from the date of the said decree.