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2008 Supreme(Cal) 682

KALYAN JYOTI SENGUPTA, PRASENJIT MANDAL
Soumen Kumar Kar – Appellant
Versus
Swapan Kumar Kar – Respondent


Advocates appeared:
P. K. Das, Bipul Mondal, for Appellant; D. P. Adhikary, Debasish Mitra, for Respondents.

Judgement

K. J. SENGUPTA, J. :- The above appeal has been filed by the plaintiffs/appellants being dissatisfied with the judgment and decree passed by the learned Trial Judge in Title Suit No. 173 of 1988 refusing to pass preliminary decree in respect of one of the four suit properties namely premises No. D-642 Lake Gardens, Calcutta (hereinafter referred to as the said suit properties). The appellants/plaintiffs brought the said suit in the 3rd Court of Assistant District Judge at Alipore against as many as 12 persons. Besides the suit property premises No. 162/8/1 Lake Garden, Kolkata now renumbered as D-620 Lake Gardens Kolkata, and 135 shares in the joint stock company known as R. Cambray and Company Private Limited and 150 shares in the joint stock company having its registered office at premises No. P-33 Mission Row Extension in the town of Calcutta are also subject-matter of the suit. Sum and substance of the case made out in the plaint is that the plaintiffs and the defendants are male and female descendants of one Narendra Chandra Kar, since deceased, who died on 15th of February 1962 intestate leaving him surviving three sons viz. Sisir, Sasadhar and Sunil and one daughter











































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