IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Sugato Majumdar

SA 614 of 1995

with

IA NO: CAN 1 of 2021

MOHAMMED ALI CHOWDHURY & ORS.

VS

STATE OF W.B

For the Appellants : Mr. Subhabrata Das, Adv.

Mr. Mrinal Kanti Das, Adv. Mr. Arindam Banerjee, Adv.

For the Respondent : Mr. Rabindra Narayan Dutta, Adv.

Mr. Hare Krishna Haldar, Adv.

Heard on : 06.01.2026 Judgment on : 15.01.2026

Sugato Majumdar, J :

The instant Second Appeal was filed against the Judgment and the Appellate

Decree dated 22/09/1988 passed by the Assistant District Judge, Arambagh whereby

the Judgment and Decree passed by the Trial Court was set aside.

The Appellants/Plaintiffs herein, filed the original suit in the Court of 2nd

Munsif, Arambagh where the Judgment and Decree dated 12/12/1985 was passed in

favour of the Appellant/Plaintiffs.

The plaint case in nutshell was that the suit property originally belonged to

one Abdus Sukur Chowdhury which he inherited from his father late Elahi Bux, who,

in turn purchased the suit property from one Netai Charan Dutta and Sachindranath Dutta on 30/10/40. In the year 1944 an agreement came into being between the said Elahi Bux and the Respondent/