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2019 Supreme(Cal) 323

BIBEK CHAUDHURI
Pradip Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellants :Asish Chandra Bagchi, Sr. Advocate, Amal Krishna Saha, Advocate.
For the Respondents:Partha Pratim Roy, Sukanta Chakraborty, Advocates.

JUDGMENT :

1. Judgment and decree passed by the learned Additional District Judge, 2nd Court at Balurghat on 17th February, 1993 in Title Appeal No.87 of 1991 affirming the judgment and decree dated 26th July, 1991 and 5th August, 1991 respectively passed by the learned Munsif, Balurghat in Title Suit No.81 of 1988 is under challenge in the instant second appeal at the instance of the plaintiffs/appellants.

2. The appellants as plaintiffs filed Title Suit No.81 of 1988 praying for declaration of title and permanent injunction against the State of West Bengal and its Officers stating, inter alia, that one Annapurna Ghosh, since deceased, was the original owner of the suit schedule property situated in different mouzas within P.S Balurghat. The suit property was recorded in the name of the said Annapurna Ghosh during revisional settlement. The plaintiffs are the grand-sons of the said Annapurna, since deceased. The said Annapurna transferred the suit property in favour of the plaintiffs by executing two separate deeds of gift on 5th August, 1981 which were duly registered on 10th August, 1981. The plaintiffs, on attaining majority started to live separately from the family of their fat

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