Calcutta High Court (Appellete Side)
Jaydeb Mondal vs Tapas Kumar Mondal & Ors on 2 August, 2016
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In The High Court At Calcutta
02-08-2016 Civil Appellate Jurisdiction
Appellate Side
subrata
.
S.A.T.No.54 of 2016 Jaydeb Mondal
-vs-
Tapas Kumar Mondal & Ors.
Mr. Partha Pratim Roy Mr. Sarbananda Sanyal Ms. Sayantanee Chattopadhyay ...for the appellant Mr. Hiranmoy Bhattacharya Mr. Sounak Bhattacharya Mr. Atanu Chakraborty ...for the respondents The facts and circumstances of the case briefly stated as follows. The plaintiff filed a title suit in the court of the learned Civil Judge (Junior Division), Bolpur in the district Birbhum which was registered as Title Suit No.35 of 2010 claiming declaration of title with respect to 3 out of 8 satak land contained in Dag No.304 and a permanent injunction restraining the defendants from interfering with the possession of the plaintiff. In support of his possession the plaintiff relied upon some documents to show that his vendors were in possession. The property, according to the plaintiff, was purchased in the year 1982 and the suit was filed in 2010. The defendants no.1 and 2 filed LRROR which showed that 2 satak land was recorded in the name of Tapas Kumar Mondal and 1 satak in the name of Manas Kumar Mondal, the principal defendants in the suit. The prayers were directed against them. The learned trial court by the judgment dated May 13, 2013 held that the plaintiff 2 had failed to prove his possession. The suit was, therefore, dismissed.
The appellate court by its order dated January 8, 2015 in Title Appeal No.5 of 2013 filed by the plaintiff concurred with the views of the trial court. Aggrieved by the decision, the plaintiff has come up in appeal.
After hearing Mr Roy appearing for the appellant, we are of the opinion that no substantial question of law is involved in this appeal. We as such refuse to admit the appeal which is accordingly dismissed. There shall be no order as to costs.
Certified photostat copy of this order, if applied for, shall be given to the parties.
(Girish Chandra Gupta, J) (Arindam Sinha, J) 3