2023 Supreme(Cal) 1377

HARISH TANDON, PRASENJIT BISWAS
Makhan Chandra Hazra – Appellant
Versus
Netai Chand Hazra – Respondent

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JUDGMENT :

1. Both the Courts below have decreed the suit in part and the concurrent findings are sought to be assailed in the instant appeal raising an issue that those are perverse and mutually destructive.

2. A suit for declaration of right, title and interest in respect of the suit property consisting of 2.92 decimal of land on the basis of a deed of sale being No. 3485/1957 dated 28th April, 1957 was filed by the plaintiffs/respondents. Admittedly the entire suit property belong to Bholanath Hazra, the predecessor of both the parties. It is a categorical stand of the plaintiffs/respondents that the said original owner during his lifetime executed and registered a deed of sale in favour of one of his son, namely Haripada Hazra, being the predecessor of the plaintiffs/respondents and, therefore, excluded the other heirs to inherit the said property. Since the defendants/appellants were creating a cloud on the title acquired by the plaintiffs/respondents by way of inheritance from his father, namely Haripada Hazra, the suit came to be filed for declaration of title in respect thereof.

3. Basicall