IMPORTANT POINT
Discretion must be borne in mind between diverse powers of Appellate Court to pass order of remand.

Bibek Chaudhuri, J.—Judgement and order of remand passed on 7th October, 2015 in Title Appeal No.15 of 2015 by the learned Additional District Judge, 2nd Court at Barasat is under challenge in the instant appeal at the instance of the defendants of Title Suit No.193 of 2008.

2. Predecessor-in-interest of respondent No.1 filed a suit for declaration of title and permanent injunction against the defendants/appellants in the 1st Court of the learned Civil Judge (Junior Division), Barasat which was registered as Title Suit No.193 of 2008.

3. Subject matter of the suit was “a piece and parcel of land measuring 06 decimal or 3 cotta 10 chittacks 8 sq. Ft appertain to Dag No.66 of Khatian No.129 corresponding to L.R Khatian No.895, 556, 960, 934, 20 and 594 in mouja Atghara; J.L No.10, P.S Rajarhat, Dist North 24 Parganas being under Ward No.6 in Rajarhat- Gopalpur Municipality.”

4. The appellants contested the suit by filing written statement and counter claim against the respondents.

5. Subject matter of the counter claim was—

“All the piece and parcel of land measuring 0.08 acre out of 0.55 acre of Sabek Dag No.67 Hal Dag No.66 Sabek Khatian No.129 L.R Khatian No.530 of Mouja Atghara J.L. No.10 P.S Baguiati (Formerly Rajarhat) district North 24 Parganas.

Butted and bounded by

On the North	HIDCO Four Lane Road
On the South	Land of Plaintiff in Mouja Teghari
On the East	R.S Dag No.68 of Mouja Atghara
On the West	R.S Dag No.65 of Mouja Atghara (Possessed by defendant No.1)

6. Devolution of interest of the parties to the lis in respect of the subject matter of the properties involved in the suit and counterclaim is depicted below:—

Plaintiff’s version

A. One Chamiruddin Biswas was the owner of land measuring about 55 decimal in Dag No.66. Chamiruddin died intestate leaving behind three sons and two daughters. They inherited the said property and by way amicable partition, they owned and possessed specific portions of land as per their respective shares.

B. The original plaintiff purchased well demarcated 06 decimal of land from the heirs of Anjuman Bibi, one of the daughters of the original owner Chamiruddin Biswas by a registered deed of sale bearing No.4164 dated 27th July, 1987.

C. While possessing the said land, the defendants being the heirs of the full brothers of the original plaintiff, most illegally and wrongfully tried to trespass into the suit property and threatened the plaintiff to dispossess therefrom which compelled the plaintiff to file the suit for declaration of his title and permanent injunction.

Defendants’ case and Counter claim

a. The plaintiff sold away the suit property two separate registered deeds of conveyance to one Sudarshan Bhattacharya and Dipali Majumdar on 29th August and 29th March, 1988 respectively. The said Dipali Majumdar transferred her right, title and interest in the suit property to one Ranjit Makal and Dipa Makal by executing a registered deed of sale on 20th February, 2006. So, the plaintiffs have no right, title and interest over the suit property.

b. After the death of Chamiruddin Biswas, the erstwhile owner, his heirs amicably partitioned the 55 decimal of land in dag No.66. Mainuddin used to possess 16 decimal of land on the extreme south of the said land; Kalachand used to possess his 16 decimal share in dag No.16 on the north of Mainuddin; Haran was in possession of his share on the north of Kalachand and Anjuman Bibi used to possess 08 decimal of land on the extreme north of dag No.66.

c. Mainuddin sold out 16 decimal of land to one Abdul Motaleb Tarafder by a registered deed of sale dated 8th November, 1971.

d. The said Abdul Motaleb Tarafder transferred the said 16 ½ decimal of land to the defendant No.1, since deceased and the plaintiff by a registered deed of sale dated 23rd November, 1976. The defendant No.1 and the plaintiff used to