M/L.21.

August 4, 2025.

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MNS SA No. 26 of 2024 +

CAN 1 of 2023 Hafijur Sk. and others Vs.

Dipali Mondal Mr. Kamal Krishna Pathak, Mr. Souvik Maji … for the appellants.

1. The present Second Appeal has been preferred against a judgment of affirmance.

2. Both the courts below decreed the suit for eviction filed by the plaintiff/respondent for recovery of possession from the defendants/appellants.

3. Learned counsel appearing for the defendants/appellants contends that the appeal should be admitted on several questions of law.

4. First, learned counsel contends that the suit was valued merely at Rs.100/- whereas the title of the plaintiff was required to be declared, since the same was disputed in the written statement and the defendants/appellants set up a defence claiming title through their predecessor-in-interest and their names have been recorded in the records of rights all along, which has been admitted by the plaintiffs’

witness as PW1.

5. Alternatively, it is contended that the suit, as framed, being merely for recovery of possession, without a declaration of title being prayed for, ought to have been construed as one under Section 6 of the Specific Relief Act, 1963 in which case the s