Shivnarayan Gope vs Kuldeep Saraf - 2022 Supreme(Cal) 1177

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1177

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Shivnarayan Gope – Appellant
Versus
Kuldeep Saraf – Respondent

Advocates appeared:
Probal Kumar Mukherjee, Advocate, Shaoni Dey. Pratip Kumar Chatterjee, Advocate, Chittapriya Ghosh, Advocate, Kontal Roy, Advocate, Priyanka Saha, Advocate

JUDGMENT

Partha Sarathi Chatterjee, J. - Judgment and decree dated 30.8.2016 passed by the learned Civil Judge, Senior Division, 2nd Court, Asansol in Title Suit No. 103 of 2014 (226 of 2013) are under challenge in this instant appeal. By the judgment and decree impugned, the learned Court below dismissed the suit being a suit for declaration and permanent injunction and alternatively for partition and also for other allied reliefs.

2. Sans unnecessary details, facts required to be adumbrated for the purpose of disposal of the appeal are :

a) Suit property, as claimed by the plaintiff/appellant (hereinafter referred to as the appellant), is his ancestral property and names of his predecessors were duly recorded in C.S. R-O-R and he acquired absolute ownership thereof by way of inheritance;

b) In 1962, by virtue of one registered deed of sale vide. No. 6470, he sold out 21/2 dec. of land from the suit property to defendant/respondent nos. 1 to 4 (hereinafter referred to the respondents) and there was a shop room in the suit property in which the respondents were inducted as monthly tenants by his predecessor and in 1990, the respondents sought for permission from plaintiff to renovate t

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