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2022 Supreme(Cal) 680

SUBHASIS DASGUPTA
Bedana Ghosh Dastidar – Appellant
Versus
Anjali Sinha – Respondent


Advocates appeared:
Mr. Anit Kumar Rakshit, Adv, for the Appellant; Mr. Sudipto Maitra, Ld. Sr. Adv, Mr. Amlan Kumar Mukherjee, Adv, for the Respondent

JUDGMENT

Subhasis Dasgupta, J. - The Second Appeal is directed against the judgment and decree, dated 28th November, 2000, passed by Learned Additional District Judge, 1st Court, Hooghly in Title Appeal No. 167 of 1993, affirming the judgment of the Trial Court, passed by Learned Assistant District Judge, 2nd Court, Hooghly in Title Suit No. 88 of 1985.

2. Trial Court in partition suit (T.S. No. 88 of 1985) filed by the plaintiffs/respondents granted preliminary decree upon declaring 50 annas share of the respondents/plaintiffs in respect of the suit property, mentioned in the schedule to the plaint.

3. As per schedule mentioned in the plaint, there is a house in suit property involving plot nos. 1525 and 1526 within Mouza- Baidyabati, appertaining to Khatian No. 524, measuring a total area of 12 Cottah, 4 Chatak house property.

4. In order to perfectly address the issues, raised in this Second Appeal, a reference to some of the significant facts may be of highest relevance. The case of the appellants is that they were inducted as tenants in respect of the suit house, standing in the schedule property, by both the brothers namely, Tarapada Ghosh and Gangadhar Ghosh, being erstwhile own

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