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AJOY KUMAR MUKHERJEE
Gatik Builders Pvt Ltd. – Appellant
Versus
Ranajit Kumar Mondal – Respondent
| Table of Content |
|---|
| 1. overview of the case and application details. (Para 1 , 2 , 3) |
| 2. arguments regarding the maintanability of the suit. (Para 4 , 5) |
| 3. court's analysis of facts and legal standing. (Para 6 , 7 , 9) |
| 4. determination of the issue's nature in relation to 'record of rights'. (Para 8 , 10) |
| 5. conclusion on the dismissal of the application. (Para 11 , 12 , 13) |
JUDGMENT :
(Ajoy Kumar Mukherjee, J.)
Being aggrieved and dissatisfied with the order dated January 3, 2019 passed by the learned Civil Judge (Junior Division), 6th Court at Alipore in Title Suit No. 461 of 2018 present application under Article 227 of the Constitution of India has been preferred.
2. Petitioner contended that the opposite party herein as plaintiff has instituted aforesaid suit against the petitioner and the proforma opposite parties claiming diverse reliefs including decree of declaration to the effect that the plaintiff/opposite party is the owner of the suit property. The plaintiff’s allegation in the said suit are all untrue and incorrect. The defendant/petitioner herein took out an application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure in the said suit praying inter a
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
Plaint not rejected under Order VII Rule 11 CPC where averments disclose cause from challenge to recent mutations/sales based on alleged wrong entries post pre-statute tenancy relinquishment; jurisdi....
(1) Suit not barred under the proviso to under Section 34 of the Specific Relief Act.(2) Appellants cannot challenge the said finding of the trial court and urge that the compromise petition was lega....
The civil court lacks jurisdiction to adjudicate disputes regarding Bargadarship per Section 21(1) of the West Bengal Land Reforms Act, 1955.
The main legal point established is that possession and fraudulent nature of legal documents can influence the court's decision, and the applicability of specific legal provisions must be carefully c....
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
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