Bijan Kumar Ghosh VS Swapan Mondal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

AJOY KUMAR MUKHERJEE
Bijan Kumar Ghosh – Appellant
Versus
Swapan Mondal – Respondent

Counsel for the Parties:
For the Appellant:Mr. Debjit Mukherjee, Mr. Kaustav Bhattacharya, Ms. Susmita Chatterjee and Ms. Dipanwita Ganguly, Advocates
For the Respondents:Mr. Buddhadeb Ghosal, Mr. Ramprokas Banerjee and Mr. Promode Ranjan Chatterjee, Advocates

JUDGMENT

Ajoy Kumar Mukherjee, J.—This appeal has been preferred against Judgement and order dated 24th April 2014 passed by Learned Additional District Judge, 5th court Howrah, in Title Appeal no 152 of 2012, which was preferred against judgement and decree dated 28.08.2012 passed by Civil Judge (Sr.Division) 2nd court, Howrah in Title Suit no 25 of 1998.

2. Brief background of the present case needs to be stated at the outset. The property in dispute comprising of dwelling house over land measuring about 2 katha 7 chattak 20 sq ft, known as 6/2, Asutosh Mukherjee Lane, originally belonged to one Bhola Nath Majilya who during his lifetime executed a registered deed of “Nirupan Patra” on 10th July 1985, by which he settled the said dwelling house in favour of his three sons namely, Subuddhi Bhajan Majilya, Harekrishna Majilya and Debnarayan Majilya in equal share. Thereafter Subuddhi Bhajan mortgaged his 1/3rd share in the said premises in favour of respondent no. 1 herein, Swapan Mandal by executing an ostensible deed of sale and simultaneously an agreement of reconveyance was also executed on the same date. Subsequently on 16th Sep 1998, said respondent no. 1 Swapan Mandal reconv