IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Sugato Majumdar

SA/60/2004

IA NO: CAN/1/2008(Old No: CAN/5177/2008),

CAN/5/2025

RATAN KARMAKAR AND ORS.

VS

SMT. CHAINA DAS AND ORS.

For the Appellants : Mr. Dipayan Kundu, Adv.

Mr. Subham Ghosh, Adv.

Mr. Agnik Moulik, Adv.

For the Respondents : Mr. P. R. Mitra, Adv.

Mr. Ashim Kr. Roy, Adv.

Heard on : 06.01.2026 Judgment on : 15.01.2026

Sugato Majumdar, J :

The instant Second Appeal is preferred against the Judgment and Decree

dated August 30, 2003 passed by the Learned Additional District Judge, Fast Tract, 2nd Court, Suri, Birbhum passed in Title Appeal No. 34 of 2001 reversing the

Judgment and Decree dated November 29, 2000 in Title Suit No. 121 of 1995.

The original suit was filed, praying for recovery of possession with other

reliefs. The plaint case, in nutshell, was that the Plaintiffs are owners and the landlords of the suit premises which they purchased in terms of the registered deeds

of sale dated 06/11/1989 and 24/09/1991. Since then the Plaintiffs are in possession of the suit premises. The Defendant was a monthly tenant in respect of the suit premises at a monthly rental of Rs.105/- payabl