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2021 Supreme(Cal) 394

HARISH TANDON, KAUSIK CHANDA
Sk. Golam Lalchand – Appellant
Versus
Nandu Lal Shaw @ Nandu Lal Keshri @ Nandu Lal Bayes – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kushal Chatterjee, Advocate.
For the Respondent:Mr. Somnath Ray Chowdhury, Advocate.

JUDGMENT :

KAUSIK CHANDA, J.

The present suit for declaration and injunction has been filed by one Nandu Lal Shaw @ Nandu Lal Keshri @ Nandu Lal Bayes as the plaintiff.

2. The plaintiff made out a case in his plaint that the suit property originally belonged to his late father Salik Ram and Salik Ram’s brother Sita Ram in equal share by virtue of a sale from one Sahdori Dasi in the year 1959. Sita Ram never possessed the suit property and all along he used to reside at his native village along with his other family members. The suit property all along was under the occupation of the plaintiff’s father, Salik Ram and his four sons. Salik Ram died in the year 1992 leaving his wife, plaintiff and three other sons. The other co-sharer of the property, namely Sita Ram, also died leaving behind his only son Brij Mohan. After the death of Salik Ram the plaintiff has been possessing and enjoying the suit property absolutely. Brij Mohan was never in possession over the suit premises and he used to reside in his native village. There are total seventeen tile shed rooms in the suit premises, out of which Sk. Golam Lalchand is a tenant in respect of one room, which has been described in the Sched

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