JYOTIRMAY BHATTACHARYA
Gobinda Saha – Appellant
Versus
Amar Chand Saha – Respondent
JYOTIRMAY BHATTACHARYA, J.
(1) This second appeal is directed against the judgment and decree dated 28th April, 1998 passed by the learned Civil Judge (Senior Division) at Sealdah reversing the judgment and decree dated 26th April, 1996 passed by the learned Civil Judge (Junior Division), Second Court at Sealdah in Title Suit No.574 of 1999, at the instance of the plaintiff/appellant herein. The propriety of the judgment of reversal is, thus, under challenge before this Court in this second appeal.
(2) Let me now give the short background of this case leading to the filing of this appeal hereunder:- A. Initially the plaintiff/appellant filed a suit for permanent injunction for restraining the defendant/respondent and his men and agent from entering into any portion of the suit property lying at premises no.81/2A, Raja Dinendra Street, P.S. Maniktala, Kolkata-6. B. In the original plaint it was contended by the plaintiff that the plaintiff was the sole owner of the suit premises. It was further stated therein that the plaintiffs uncle Harekrishna Saha was a tenant in respect of the suit premises under the erstwhile owner thereof through whom the plaintiff acquired title in
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