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2006 Supreme(SC) 1240

MARKANDEY KATJU, S.B.SINHA
Sankar Dastidar – Appellant
Versus
Shrimati Banjula Dastidar – Respondent


JUDGMENT

S.B. Sinha, J. - Leave granted.

2. What would be the period of limitation for raising a counter claim in respect of wrongful detention of goods is the question involved in this appeal which arises out of a judgment and order dated 19.01.2005 passed by the High Court of Calcutta in F.A. No. 71 of 2002.

3. Appellant and late Kamakshya Kumar, husband of Dipti Dasgupta Respondent No. 2 herein are brothers. Banjula Dastidar, Respondent No. 1 herein is their sister. They had one more sister Bulbul Dastidar (who died in November, 1987). A suit was filed by Respondent No. 1 against the appellant inter alia for declaration of title in regard to their residential house situate at P-824, New Alipore, Kolkata. Allegedly, the appellant had put a lock, in a room where Respondent No. 1 Banjula used to stay, on 16.03.1987. An inventory was made in the said suit by appointing an Advocate Commissioner. A suit was filed by the appellant thereafter. A counter claim was filed by Respondent No. 1 in the said suit claiming damages for wrongful detention of her belongings on 24.06.1992. The amount of claim was purported to have been made on an allegation that validity of a National Saving Certifi











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