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2026 Supreme(Online)(Cal) 3210

CALCUTTA HIGH COURT
BHANUMATI HALDER – Appellant
Versus
SUBHAS MONDAL – Respondent


Form No.J(2)

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present : The Hon’ble Mr. Justice Sabyasachi Bhattacharyya &

The Hon’ble Mr. Justice Biswaroop Chowdhury FA No. 448 of 2025 +

CAN 1 of 2025 Smt. Bhanumati Halder -vs-

Sri Subhas Mondal For the appellant : Mr. Partha Chakraborty, Mr. Rishabh Dutta Gupta, Advs. Heard on : May 11, 2026. Judgment on : May 11, 2026. Sabyasachi Bhattacharyya, J.:

1. The present appeal has been preferred against a judgment whereby the suit of the plaintiff/appellant, for the principal relief of declaration of title by adverse possession and other consequential reliefs of permanent injunction, has been dismissed.

2. Learned counsel for the appellant argues, by placing reliance on the judgment of Ravinder Kaur Grewal and others Vs. Manjit Kaur and others, reported at (2019) 8 Supreme Court Cases 729, that adverse possession can be used as a sword for filing a suit claiming title and not merely as a shield in the capacity of the defendant.

3. Learned counsel places reliance on the cited judgment to argue that the claim of adverse possession by way of a suit is maintainable not only against the true owners but also against third p

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