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BIBEK CHAUDHURI
Gopal Chandra Mondal – Appellant
Versus
Durgadas Rakshit – Respondent
JUDGMENT :
1. Judgment and decree dated 7th August, 2008 passed by the learned Additional District Judge, 1st Court at Bankura in Title Appeal No.97 of 2002 affirming the judgment and decree dated 7th June, 2002 passed by the learned Civil Judge (Junior Division), 1st Court at Bankura in Title Suit No.53 of 1993 is under challenge in the instant appeal under Section 100 of the Code of Civil Procedure (hereafter 'the CPC').
2. One Amulya Ratan Mandal, predecessor-in-interest of the present appellants filed Title Suit No.53 of 1993 praying for declaration of title, recovery of possession and permanent injunction against the defendants/respondents asserting the following facts:-
3. One Srinath Rakhit and others were the original owners of plot No.1073 of mouza Jhantipahari in the District of Bankura. Srinath instituted Title Suit No.125 of 1926 for partition of his share against his co-sharers. The said suit was decreed by the learned subordinate judge, Additional Court, Bankura. By virtue of the decree passed in the said partition suit, Srinath exclusively became the owner of 9 bighas, 6 kathas and 9 chataks of land. Srinath died sometimes prior to 1950 leaving behind only married daugh
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