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2014 Supreme(Cal) 28

SUDIP AHLUWALIA
Sibani Das – Appellant
Versus
Atghara Noapara Baroary Puja Committee – Respondent


Advocates Appeared:
For the Petitioner:Siva Prosad Ghosh, Advocate.
For the Opposite Parties:Tapas Kr. Chatterjee, Advocates.

Judgment :

Sudip Ahluwalia, J.

1. This Revisional Application is directed against the Judgment passed by the Ld. Additional District & Sessions Judge, 5th Court, Barasat in Title Appeal No. 67 of 2011 of the said Court on 27.04.2012.

2. In the impugned Judgment the Ld. Additional District Judge had been pleased to dismiss the appeal preferred by the petitioner, and had upheld an earlier Order passed by the Ld. Civil Judge (Junior Division) First Court at Barasat in Title Suit No. 250 of 2008 of the said Court, whereby the Plaint filed by the petitioner as Plaintiff had been rejected under Or. VII, R. 11 of the C.P Code.

3. The background of the matter is that the petitioner filed the suit in the Trial Court by claiming that her father Sri Jiban Krishna Mondal was the sole owner of certain lands in Mouja Noapara as described in Para-1 of the plaint. After his death, his wife Jamunabala Mondal and three daughters including the petitioner/plaintiff inherited said property in equal shares, but the Records were wrongly drawn up in the name of Smt. Jamunabala Mondal alone.

4. Taking advantage of such erroneous Record of Rights the defendants by exercising some undue influence and misrepresent














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