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2019 Supreme(Cal) 280

SAHIDULLAH MUNSHI
Biswanath Chongdar – Appellant
Versus
Sudha Ghosh – Respondent


Advocates:
Advocate Appeared:
Mahindra Prasad Gupta, Adv., Swadhin Pan, Adv., Ayan Mitra, Adv., Anirban Bose, Adv., Rajat Mitra, Adv.

JUDGMENT :

SAHIDULLAH MUNSHI, J.

1. This appeal by the defendants is against the judgment and decree dated 8th July, 2013 passed by the learned Additional District Judge, Arambagh, in Title Appeal No. 5 of 2012 reversing the judgment and decree dated 17th May, 2012 passed by the learned Civil Judge, Jr. Division, First Court at Arambagh in Title Suit No. 30 of 2007. Title Suit No. 30 of 2007 filed by the plaintiffs Smt. Sudha Ghosh and Smt. Bijola Chongdar against Sri Biswanath Chongdar and 16 others, praying for declaration and permanent injunction.

2. In short the plaintiffs’ case is that their names were recorded in the L.R. Record-of-Rights in respect of the suit land comprised in a pond named ‘Boro Pukur’ originally comprised of 2.06 Acres but the defendants declared that since their names were not so recorded in C.S. and R.S. Record-of-Rights publication of their names in the L.R. Record-of-Rights was wrong and erroneous and have acquired no right and interest for such wrong recording. The plaintiffs made out a case that their predecessors-in-interest were pardahnashin and since they used to reside at their matrimonial home they reposed faith and responsibility of recording th



















































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