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2016 Supreme(Tri) 28

S.TALAPATRA
Amar Suklabaidya – Appellant
Versus
Utpal Chowdhury – Respondent


Advocates Appeared:
For the Appellants :Mr. D.R. Choudhury, Advocate Mr. S. Sarkar, Advocate
For the Respondents:Mr. R.G. Chakraborty, Advocate

JUDGMENT :

Heard Mr. D.R. Choudhury and Mr. S. Sarkar, learned counsel appearing for the appellants as well as Mr. R.G. Chakraborty, learned counsel appearing for the respondents.

2. Both these appeal filed under Section 100 of the CPC being RSA No.17 of 2012 and RSA No.18 of 2012 are clustered for disposal by a common judgment inasmuch as RSA No.17 of 2012 which has emerged from Title Suit No.10 of 2009 and RSA No.18 of 2012 which has emerged from the Title Suit (Counter Claim) No.28 of 2009 are closely interlinked. It is to be noted at this juncture that Title Suit (Counter Claim) No.28 of 2009 is the offshoot of the Title Suit No.10 of 2009.

3. The respondents herein instituted the suit for declaration of title and recovery of possession of the suit land on eviction of the defendants, the appellants, in both RSA No.17 of 2012 and RSA No.18 of 2012. The plaintiffs’ case in brief is that they inherited the suit property as the legal heirs of Sri Umesh Chandra Chowdhury who purchased the suit property jointly with his brothers by two separate deeds in different years i.e. 1950 and 1951 from Imtiaz Ali, Mouras Bibi and others. Thereafter, the plaintiffs' predecessors as stated took o




























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