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2023 Supreme(Online)(HC) 14267

SIDDHARTHA ROY CHOWDHURY, J
INDRAJIT KUMAR SHAW – Appellant
Versus
AJIT KUMAR SHAW – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anirban Bose, Adv., Mr. Subhadeep Sen, Adv., Mr. Satyajit Senapati, Adv.
For the Respondents: Mr. Haradhan Banerjee, Adv.

Table of Content
1. court's perspective on the document's nature. (Para 1 , 2 , 6 , 9 , 12 , 19)
2. background and ownership rights concerning the property. (Para 3 , 4 , 5)
3. arguments regarding the intent and implications of the deed. (Para 7 , 8 , 10 , 14 , 15 , 18)
4. conclusions regarding ownership and eviction. (Para 31)
5. outcome of the appeal and future proceedings. (Para 32 , 33)
Siddhartha Roy Chowdhury, J.:

1. Challenge in this appeal is to the judgement and decree passed by learned 1st Court of Additional District Judge, 24 South Parganas, in Title Appeal No. 28 of 2017, thereby affirming the judgement and decree dated 31st January passed by learned Civil Judge, Junior Division, 2nd Court, Sealdah in Title Suit No. 117 of 2000.

2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

3. Briefly stated, Sri Ram Gopal Shaw, the father of the parties to this appeal was the owner of ‘A’ schedule property. He acquired the ownership by purchase. On 3rd October, 1989 he executed a deed of family settlement in respect of the properties which he owned including the ‘A’ schedule property, he divested his right title interest to







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