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2002 Supreme(Cal) 374

D.K.SETH, JYOTESH BANERJEE
SAMBHU NATH DALAL – Appellant
Versus
RADHARAMAN MIDDYA – Respondent


Advocates Appeared:
B.SVANATH SAMANTA, DHANA KRISHNA ADHIKARY, MADAN MOHAN MAILICK, MOUSUMI MULICK

D. K. SETH, J.

( 1 ) THE appeal : This appeal arises out of a suit for partition passed by the Assistant District Judge, Bankura in Title Suit No. 78 of 1993 on 10th August, 1994. The facts of this case are almost admitted. The scope of challenge by the Appellants :

( 2 ) MR. Roychowdhury, learned counsel appearing for the appellants, challenges the said judgment and decree only on one ground that the plaintiffs, who claimed title through Parulbala deriving title from Man Kumari, have acquired no interest in the property in view of the fact that the plot, which is numbered as 314, devolved upon Man Kumari, who, admittedly, bequeathed the same by way of gift in favour of Parulbala through a deed describing the same as plot No. 114. 2. 1 The plaintiffs purchased the land from Parulbala. In the deed executed by Parulbala, the mistake in the description of plot number was mentioned. But in the suit for partition, the plaintiffs did not take any step either to apply for rectifition of the said mistake in the deed, nor any deed of rectification was obtained by them from Parulbala nor from Man Kumari, as the case may be. No specific prayer for declaration of title was asked for in the su








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