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2025 Supreme(Online)(Cal) 673

CALCUTTA HIGH COURT
SHIB RAJ ROY AND ORS – Appellant
Versus
TAPASI DAS AND ANR – Respondent


Md. Shabbar Rashidi, J.:-

1. The two appeals at the behest of the plaintiffs in the original Title Suit are in assailment of a common judgment and decree dated April 26, 2024 passed by learned 2nd Additional District Judge, Sealdeh in Title Appeal No. 7 of 2023 and Title Appeal No. 8 of 2023 arising out of judgment and decree passed by learned 2nd Civil Judge (Junior Division), Sealdeh, in Title Suit No. 172 of 2009.

2. The appeals are taken up together for disposal as the same emanate out of a common judgment. S.A. No 91 of 2024 is an appeal against judgment and decree passed in Title Appeal No. 7 of 2023 whereas S.A. No. 92 of 2024 has arisen out of judgment and decree passed in Title Appeal No. 8 of 2023.

3. The facts giving rise to the instant litigation, in a nutshell, is that the appellants/plaintiffs filed the original Title Suit No. 172 of 2009 against the respondent/defendant seeking declaration of their tenancy rights together with ancillary reliefs. According to the case made out by the plaintiffs/appellant herein, their father and predecessor in interest namely Daroga Prasad Roy was a monthly tenant under one Muktaram Roja and others in respect of ‘A’-Schedule properties s

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