Laxmi Rani Das VS Anjali Das

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

CHAITALI CHATTERJEE DAS
Laxmi Rani Das – Appellant
Versus
Anjali Das – Respondent

Counsel for the Parties:
For the Petitioners:Mrs. Pramiti Bandopadhyay, Mr. Rahul Kumar Singh, Mr. Md. Danish Rarooqui, Advocates
For the Opp. Party:Mr. Ayan Banerjee, Ms. Debasree Dhamal, Ms. Riya Ghosh, Advocates

JUDGMENT

Chaitali Chatterjee Das, J.—This is an application filed under Article 227 of the Constitution of India against an order dated 18th January, 2024 passed by the Learned Civil Judge Junior Division at Sealdah in Title Suit no. 33 of 2002 where the Learned Court has allowed the application for amendment filed by the defendant Opposite Party herein.

2. The fact of the case of the petitioner in a nutshell is that the plaintiff Prashant Kumar Das filed a suit against the present petitioner for the recovery of the suit property praying for damage of mean profits of Rs.4000 per month from the date of filing of the suit and denial of title of the owner/licensor on 13.9.2000 till the filing of the plaint and further mean profits under Order 20 Rule 12 of Code of Civil Procedure. The tentative claim of the plaintiff is Rs.64,000 as damages or profit. It was alleged that the plaintiff became the absolute owner of premises No. 102, Ananda Pali Road, Calcutta, 14 by virtue of a deed of gift executed by his mother late Chhaya Lata Das on 13.8.19 73. During the lifetime of said Chhaya Lata Das and her husband the defendant was a licensee under them and after the deed of gift by the mother,