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2017 Supreme(Cal) 710

SOUMEN SEN
Gopi Das Mimani – Appellant
Versus
Monika Daw – Respondent


Advocates Appeared:
For the Appellants : Surajit Nath Mitra, Sr. Adv., Sankarsan Sarkar and Aditya Kanadia, Advs.
For the Respondents: Shyam Sarkar, Arindam Mukherjee, Chyan Gupta, M.M. Chadra and S. Roy, Advs.

JUDGMENT :

Soumen Sen, J.

1. The defendant No. 8 has filed an application for rejection of the plaint on the ground that the suit is barred by limitation.

2. The plaintiff has filed a suit on 19th September, 2016 praying, inter alia, for the following reliefs:

(a) A decree for declaration that the decree dated 28th July, 2004 passed in CS No. 406 of 1998 (Vandana Real Estates Pvt. Ltd. & Ors., vs. Smt. Monika Daw & Ors.) is null and void and non est;

(b) The decree dated 28th July, 2004 passed in CS No. 406 of 1998 be set aside and/or cancelled and/or rescinded;

(c) A decree for declaration that the eight several Deeds of Conveyance, particulars whereof are se out in Annexure "D" hereto be adjudged null and void and non est;

(d) A decree for delivery up and cancellation of eight several Deeds of Conveyance, particulars whereof are set out in Annexure "D" hereto;

3. Essential facts constituting the cause of action for filing the suit are:

The plaintiffs have entered into an oral agreement in April/May 1987 with Pranab Chand Daw, the original owner for purchase of 168 Cottahs of land situated at Howrah which is commonly known as Manglahat and has paid a sum of Rs. 5 lakhs towards part conside




















































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