CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, Uday Kumar, JJ
Monoj Kumar Nandy and Ors. – Appellant
Versus
Satya Narayan De & Ors. – Respondent
| Table of Content |
|---|
| 1. property claim basis for appeal. (Para 1 , 2) |
| 2. registration act implications on decree. (Para 5 , 6 , 7) |
| 3. binding nature of previous findings. (Para 10 , 11 , 13) |
| 4. finality of adjudicated claims. (Para 16) |
| 5. conclusive dismissal of appeal. (Para 17) |
1. The present appeal has been preferred against a judgment of affirmance. The plaintiffs/appellants filed the suit for declaration of their title and ancillary reliefs.
2. The plinth of the plaint case for asserting the claim of title to the property by the plaintiffs is three fold:-
(i) On the basis of a previous compromise decree passed in a second appeal, in which the present defendants/respondents were parties as proforma defendants/respondents and the present plaintiffs/appellants and their father were parties as principal defendants/appellants, where the plaintiffs therein had admitted the title of the present plaintiffs;
(ii) On the strength of a deed of gift executed by Dulal Chandra Nandi, the predecessor-in-interest of the present defendants/respondents, in favour of the plaintiffs/appellants;
(iii) In the alternative, adverse possession.
3. Both the courts below, in the present lis, held that the compromise d
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