Molina Dey vs Gargi Dey - 2022 Supreme(Cal) 560

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 560

KRISHNA RAO
Molina Dey – Appellant
Versus
Gargi Dey – Respondent

Advocates appeared:
Mr. Meghnad Dutta, Adv. Mr. Arindam Paul, Adv. Ms. Parna Mukherjee, Adv. for the Plaintiff, for the Appellant

JUDGMENT

Krishna Rao, J. - The plaintiff has filed the instant suit praying for a decree for eviction and recovery of khas possession of the suit property, decree for Rs. 11,50,000/- as damage and mesne profits at the rate of Rs. 10,000/- per diem from 03.02.2021 till 07.02.2021 for further mesne profits at the rate of Rs. 10,000/- per diem until the suit property is not handed over to the plaintiff.

2. The facts of the case is that the plaintiff along with her husband Late Gobinda Prasad Dey have purchased a flat comprising of two rooms, one, kitchen covered marble floored verandah together with attached bath room with privy and one small room having a total area of about 1050 sq. ft. situated on the first floor of Municipal Premises No. 103B, Bidhan Sarani, P.S. Shyampukur, Kolkata - 700 004 by way of registered deed.

3. On 05.06.2008, the husband of the plaintiff died leaving behind the plaintiff as his only legal heir and accordingly by way of inheritance, the plaintiff has inherited the share of the property left behind by her husband and the plaintiff has become sole and absolute owner of the entire property.

4. One Nirmal Kumar Dey, who was the father of the defendants, was the