IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Sugato Majumdar SA 146 of 2017 CAN/1/2010(Old No: CAN/8686/2010) CAN/2/2011(Old No: CAN/10945/2011)

DILIP KUMAR DEBNATH & ORS.

VS SMT. MALATI CHANDRA & ORS.

For the Plaintiffs : Mr. Pinaki Ranjan Mitra, Adv.

Mr. Sudhakar Biswas, Adv.

For the Defendants : Mr. Buddhadev Ghosal, Sr. Adv.

Mr. Udayan Datta, Adv.

Hearing concluded on : 19.05.2026 Judgment on : 21.05.2026 Sugato Majumdar, J :

The original suit was filed by one Smt. Malati Chanda on her behalf as well as on behalf of her two minor sons Tanmay Chanda and Mrinmay Chanda against one Dilip Kumar Debnath (Defendant No. 1) and Smt. Subhasini Das as Defendant No. 2.

Sum and substance of the plaint case is as follow:

One Gosai Kumar Chanda, since deceased and the defendant No. 2 were the recorded owners of the Bastu land with structures measuring about 2 Cottahs 14 Chittacks, described in Schedule-A of the suit. They became owners by way of purchase in terms of court sale. Both of them had undivided 8 anna share in the schedule property. Gosai Kumar Chanda resided with his family members, namely, the present Plaintiffs in the Schedule-A pr