PROBOTH CHANDRA MALAS Vs. RATAN CHANDRA MALAS

JUDGEMENT

(1.) Title Suit No.36 of the 3rd Court of the Munsif, Midnapore, was filed by the plaintiffs for declaration of his title in the suit properties, for declaration that the record of right in the name of the defendant No.1 was wrong and for injunction restraining the defendant from disturbing the plaintiffs' possession. The plots involved are plots 234 and 235. The learned trial Court granted a decree in respect of Plot No. 234 only. The plaintiffs' claim of title in respect of Plot No.235 was dismissed.

(2.) Two appeals were preferred against the judgment and the learned trial Court. The plaintiffs, Ratan and others filed Title Appeal No.117 of 1975, because a part decree was granted. Title Appeal of 1975 was filed by the defendant No. 2. The learned Appeal allowed Title Appeal No.117 of 1975 and dismissed Title Appeal of 1975.

(3.) Now the second appeal has been preferred against the judgement and decree of the learned First Appellate Court in Title Appeal No. 117 1975.