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2024 Supreme(Cal) 1145

SUPRATIM BHATTACHARYA
Krishna Kamal Goswami – Appellant
Versus
Deb Ratan Mallick @ Debobrate Mallick – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Joyjit Roy Chowdhury Mr. Subhendu Bhattacharjee Ms. Priyanka Chunari Ms. Joyeeta Adhikary
For the Respondent: Ms. Deblina Lahiri Mr. Mrinmoy Chatterjee Ms. Moumita Sharma

JUDGMENT :

Supratim Bhattacharya, J.

1. The instant appeal has been preferred by the appellant being aggrieved by and dissatisfied with the judgment dated 26.10.2017 passed by the Ld. Additional District Judge, Kalyani, Nadia in title Appeal No. 35 of 2014.

2. The appellant herein was the plaintiff before the Ld. Trial Court and the respondent before the Ld. First Appellate Court while the respondent herein was the defendant before the Ld. Trial Court and the appellant before the Ld. First Appellate Court.

3. Facts of the instant lis

The appellant herein had purchased 61.80 decimals of land by virtue of a deed of sale being No. 3049 executed on 30.03.2006 and since then had been possessing the said property. It has been stated that the respondent/defendant on 03.03.2011 and 04.06.2011 forcibly dispossessed the appellant/plaintiff from 2 cottahs of land mentioned in schedule ‘B’ of the plaint and has been depicted through a sketch map which has been mentioned in schedule ‘C’ of the plaint. After the aforementioned incident of dispossession of the appellant/plaintiff the respondent /defendant constructed a room having tile shed and since then the respondent/defendant is in possession in r

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