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1984 Supreme(Cal) 399

SHAMSUDDIN AHMED
SUSHIL KR. MAITY – Appellant
Versus
SANDHYARANI MAITY – Respondent


Advocates Appeared:
ANJAN BANERJEE, GOPAL MUKHERJEE, MUKHERJI, PRASANT BANERJI, SHYAMA PRASANNA ROY CHOUDHURY

SHAMSUDDIN AHMED, J.


( 1 ) THIS appeal is directed against the judgment of reversal passed by the 1st Additional District Judge, Howrah in Title Appeal No. 153 of 1977 reversing the judgment and decree passed by the learned Munsif, 5th Court at Howrah in Title Suit No. 100 of 1975. The facts giving rise to this appeal may be summarised as follows : - holding No. 12 of Sriramdhang Road was a thika tenancy of one Akhil Chandra Maity. Akhil Chandra Maity died leaving his widow Atulmoyee Maity and two sons Sibgopal and Balaram. The defendant Sushil Kumar Maity is the son of Shibgopal. Plaintiff No. 1 Sandhya Rani is wife of plaintiff No. 2 Balaram Maity. Heirs of Akhil Maity sold the property to one Ganashyam Das for consideration of Rs. 2,500/- on 13-11-1950. On the same day Ghanashyam executed a registered agreement for reconveyance in favour of the heirs of Akhil. They purchased the property from said Ghanshyam on 12-9-1954 and on the same day plaintiff No. 1 purchased the right, title and interest of Shibgopal and Atulmoyee on a consideration of Rs. 2,000/- on the strength of a Registered Deed of the same day. The vendors Atulmoyee and Shibgopal were granted licence to reside in th






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