D/L.6.

November 17, 2025.

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MNS

SA No. 81 of 2025

+

CAN 1 of 2025

Samsul Haque @ Samsul Islam and others

Vs.

Aminul Islam alias Aimul Islam

Mr. Partha Pratim Roy,

Ms. Poulami Chakraborty

… for the defendants/appellants.

1. The present Second Appeal is directed against a

judgment of reversal.

2. The learned trial Judge dismissed the suit for declaration of title and permanent injunction filed by the plaintiff/respondent primarily on the ground that the plaintiff could not prove his possession and, as such, the suit was barred by law for not seeking any relief of recovery of possession, going by the principle of the proviso to Section 34 of the Specific Relief Act, 1963 (in short “the 1963 Act”). 3. The Appellate Court, on the other hand, reversed such findings and came to the conclusion that since the link deed, showing transfer of the suit property in favour of the mother/predecessor-in-interest of the defendants/appellants, could not be produced by the defendants/appellants, the title of the defendants/appellants through their mother could not be

proved. Thus, the title of the plaintiff/respondent was proved by dint of his purchase deed.

4. With regard to possession, the learned First Appellate C