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2020 Supreme(Cal) 209

BIBEK CHAUDHURI
Ajit Mahata – Appellant
Versus
Jotindra Nath Mahata – Respondent


Advocates Appeared:
Jayanta Das, Advocate, Soumita Ghosh, Advocate, Rabindranath Mahato, Advocate, Lalratan Mondal, Advocate, Aritra Roy, Advocate, Dilip Kumar Sadhu, Advocate

JUDGMENT

Bibek Chaudhuri, J. - This is an appeal challenging the Judgement and Decree passed by the learned Additional District Judge, 4th Court at Paschim Medinipur in Title Appeal No. 130 of 2007 on 25th February, 2008 reversing the Judgement and Decree passed by the learned Civil Judge (Junior Division), 3rd Court at Paschim Medinipur in Title Suit No. 77 of 1997 on 27th August, 2007. The plaintiff of the original suit is the appellant before this Court.

2. The plaintiff/appellant instituted Title Suit No. 77 of 1997 against the defendants who are his full brothers. It is alleged in the plaint that the suit property described in schedule 'ka' of the plaint is a piece and parcel of 'kha' schedule property. 'Kha' schedule property is described as land comprised in plot no. 260/507 of khatian no. 176 of mouza - Dengasole' within P.S. - Salboni, undivided Medinipur measuring about 1.02 decimal of land. Out of the said 1.02 decimal of land 'ka' schedule is the disputed property (hereafter described as suit property) measuring about 80 decimal of land. According to the plaintiff/appellant, Medinipur Zamindari Company Ltd. was the original owner of 'kha' schedule property. On or about 1

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