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IN THE HIGH COURT AT CALCUTTA
Hiranmay Bhattacharyya
Swapan Kumar Bandopadhyay @ Swapan Kumar Banerjee – Appellant
Versus
Sanjit Kumar Mondal @ Sanjit Mondal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1.This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against the judgement and order dated 8th April, 2025 passed by the learned Additional District Judge, Nadia, Nabadwip in Miscellaneous Appeal No. 02 of 2024 affirming the judgement and order dated 30th January, 2021 passed by the learned Civil Judge (Junior Division), Nabadwip, Nadia in Title Suit No. 20 of 2021.
2. The petitioner herein filed a suit under Section 44 of the Transfer of Property Act and filed an application for temporary injunction. The learned trial judge by an order dated January 30, 2024 rejected the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure. Challenging such order, the petitioner preferred an appeal being Miscellaneous Appeal No. 2 of 2024. The learned Additional District Judge, Nabadwip, Nadia by a judgement and order dated April 8, 2025 dismissed the said miscellaneous appeal. Being aggrieved by such judgement and order, the plaintiff has approached this Court by filing the civil revisional application.
3. The learned advocate appearing for the petitioner submits that the property
Joint family property laws establish that stranger purchasers cannot claim joint possession without acting on a valid legal foundation.
A plaintiff must provide sufficient evidence to establish joint family ownership in partition cases; lack of such evidence leads to dismissal of claims.
Principle under Section 44 of the T.P.Act is that of subrogation or substitution. When one of several co-owners transfers her share, the transferee stands in the shoes of the transferor. This Section....
The property purchased by a Hindu husband in the name of his homemaker spouse is presumed to be joint family property, and the protection of such property from transferring to a third party is necess....
The main legal point established is the maintainability of an execution petition under Order XXXIX Rules 1 & 2 CPC, guided by Section 36 CPC and previous judicial decisions.
Injunction – Court in exercise of power of granting ad interim injunction has to preserve subject matter of suit by status quo for the time being – If any alienation is made, it would be subject to d....
The court upheld the trial court's order for a temporary injunction, emphasizing that issues of joint family property versus self-acquisition necessitate thorough examination during trial.
A stranger purchaser of a share in a dwelling house cannot claim joint possession against co-owners, as established by Section 44 of the Transfer of Property Act.
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