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2023 Supreme(Cal) 1543

AJOY KUMAR MUKHERJEE
Amar Krishna Ray – Appellant
Versus
Abhoy Auddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sandip Kumar De, Mr. Aniruddha Poddar, Mr. Amit Chowdhury
For the Respondent: Mr. Ratul Das, Mr. Shoham Sanyal, Mr. Alok Kumar Ghosh, Mr. Swapan Kumar Debnath

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. The present application has been preferred by the petitioner challenging three orders, being order 72 dated 19th June 2015, order no. 73 dated 30th June 2015 and order no 74 dated 16th September 2015, passed by the chairman, Municipal Building Tribunal, Kolkata, in B.T. Appeal No. 7 of 2008.

2. Petitioners contended that the petitioners are the owner of premises no. 90A and 90C, Ananda Palit Road, by virtue of purchase through registered deed of conveyance. The opposite party no. 1 herein is the owner of premises no. 90B Anand Palit Road, and it is alleged that the opposite party no. 1 herein has made unauthorised construction in the said premises being premises no 90 B. It is further contended on behalf of the petitioners that the said premises and the premises belonged to the petitioners, were partitioned in the year 1933 and according to the partition plan the said premises no. 90B having an area of 1 cottah 3 chittak of land, is butted and bounded as per schedule of the partition plan. The present opposite party no. 1 became owner of the said premises No. 90B by way of a deed of conveyance dated 5th March, 2003.

3. Petitioners alleged that the

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