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2019 Supreme(Cal) 393

BIBEK CHAUDHURI
Dinabandhu Mondal – Appellant
Versus
Laxmi Rani Mondal – Respondent


Advocate Appeared:
For the Appellants :Bholanath Mukherjee, Mukteswar Maity, Advocate.
For the Respondents:Ashish Sanyal, Pratip Kumar Chatterjee, Advocates.

JUDGMENT :

1. The defendants of Original Suit No.115 of 1995 are in appeal challenging the legality and validity of the judgment and decree of reversal dated 7th February, 08 passed by the learned Civil Judge (Senior Division), Kandi, Murshidabad in Title Appeal No.3 of 2004.

2. The respondents as plaintiffs filed Original Suit No.115 of 1995 stating, inter alia, that their father Durgadas Mondal since deceased was the original owner of the suit property and after his death, the said property was inherited by their deceased mother Jagomaya Dasi and the plaintiffs and defendant No.3, being the daughters of the said Durgadas Mondal. Jagomaya died on 23rd Poush, 1400 BS. Prior to her death she was suffering from various diseases continuously for about three months and was absolutely bedridden. She lost her senses about three days before her death and never regained her sense. The plaintiffs visited their mother who used to stay in the house of the defendants on 20th Poush 1400 BS and found her completely senseless. She had no normal understanding due to her illness on the date when the plaintiffs last visited her before her death. After the death of their mother they came to know that t

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