ASIT KUMAR PATWARI Vs. SHRIMATI LIPIKA ROY

JUDGEMENT

(1.) The present challenge is taken out by the plaintiff in a suit for declaration of the plaintiff's 16 annas title and ownership in the suit property together with another declaration that the present defendants have no title in the suit property, as described in the schedule to the plaint, and for consequential reliefs.

(2.) In the schedule of the plaint, as well as the connected injunction application, the suit property was described as "All that piece and parcel of bastu land measuring about 5 Cottahs 14 Chittaks 30 Square feet recorded in C.S. Dag No. 706 under C.S. Khatin No. 10, Under R.S. Dag No. 804/2102 in R.S. Khatian No. 991 Khanda Khatian from 14, at Mouza-Santoshpur, J.L. No. 22 within Kolkata Municipal Corporation Ward No. 109, under Assessee No. 31-109-13-1754-4 under Kolkata Municipal Corporation Premises No. 1132, Survey Park, Kolkata-700075, under the then Police Station-Kasba, then Purba Jadavpur, now Survey Park, Kolkata-700075, Dist: South 24 Parganas."

(3.) The boundaries of the suit property were also given in the said schedule. Although the trial court granted an ad interim injunction restraining the defendant nos. 1 and 2 from creating any disturbance in the peaceful possession of the plaintiff over the suit property, the appellate court reversed the said order primarily on the premise that the plaintiff had failed to prove prima facie that the title deed of the plaintiff and the previous deeds showing the chain of title of the plaintiff related to the R.S. Dag No. 804/2102, which is the subject-matter of the suit.