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2012 Supreme(Cal) 741

PRASENJIT MANDAL
Gitabala Dashi @ Gita Rani Dashi – Appellant
Versus
Fatik Ruidas – Respondent


Advocates Appeared:
For the Appellant:Amal Baran Chatterjee, Satadal Chatterjee, Advocates.
For the Respondents:R1, Sajal Chel, Asit Baran Mukherjee, Advocates.

Judgment

Prasenjit Mandal, J.

This second appeal is directed against the judgment and decree dated June 14, 2006 passed by the learned Civil Judge (Senior Division), Arambag, District Hooghly in Title Appeal No.19 of 2005 thereby reversing the judgment and decree dated April 28, 2005 passed by the learned Civil Judge (Junior Division), 1st Court, Arambag in Title Suit No.144 of 1999.

The plaintiff / appellant herein instituted a suit being the Title Suit No.144 of 1999 for declaration of title, confirmation of possession and other consequential reliefs stating, inter alia, that the suit property as described in the schedule to the plaint originally belonged to one Kedar Muchi, father of the plaintiff and the C.S. record of rights was prepared in his name showing as 16 annas owner. Kedar Muchi died after the Hindu Succession Act, 1956 leaving his wife, Ramanibala and three daughters, namely, Kalibala, Sukhabala and Gitabala (plaintiff). They inherited the property of Kedar Muchi. Kalibala died leaving without any child or husband. Her share was inherited by Ramanibala, Sukhabala and Gitabala. The heirs of Sukhabala relinquished their shares in the suit property in favour of the plai




















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