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SIDDHARTHA ROY CHOWDHURY
Bishnu Dayal Agarwala – Appellant
Versus
Dilip Kumar Agarwala – Respondent
JUDGMENT :
Siddhartha Roy Chowdhury, J.
1. This second appeal is the manifestation of displeasure of the defendant/appellant over the judgement and order passed by learned Civil Judge, Senior Division, Raiganj, Uttar Dinajpur on 16th November, 2017 dismissing the Title Appeal No. 15 of 2013 and thereby affirming the judgement and decree passed by learned Civil Judge, Junior Division, Raiganj in Title Suit No. 186 of 2004.
2. Briefly stated, Dilip Kumar Agarwala filed a suit for permanent injunction against his brother Bishnu Dayal Agarwala alleging, inter alia, that ‘Ka’ schedule property is originally owned by Asrafi Devi Agarwala, the grandmother of the plaintiff who during her life time transferred the property in favour of her two sons Ram Swaran Agarwala and Ram Avtar Agarwala by registered deed of gift in the year 1962 and each of the two brothers acquired 22 2/3 decimal of land with proper demarcation. Ram Swaran Agarwala and Ram Avtar Agarwala thereafter, constructed their residential houses over the said properties after getting their names mutated. Ram Swaran Agarwala transferred the ‘Ka’ schedule property in favour of the plaintiff by way of registered deed of gift on 27th
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