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2019 DIGILAW 63 (CAL)

Sudha Rani Ghosh @ Sudha Ghosh v. Biswanath Chongdar

2019-01-14

SAHIDULLAH MUNSHI

body2019
JUDGMENT : SAHIDULLAH MUNSHI, J. 1. Two appeals being S.A.T. No.412 of 2013 and S.A.T. No.504 of 2013 arose from the common judgment and decree passed in Title Appeal No.5 of 2012. Since S.A.T. 412 of 2013 has already been disposed of by a judgment, this appeal has also been taken up for hearing analogously. This appeal was filed before this Court by the plaintiffs challenging the judgment and decree passed by the learned Additional District Judge, Arambagh, in appeal no.5 of 2012 to the effect that the learned First Appellate Court ought to have passed a decree in their favour holding that they had good title over the suit property and on the materials disclosed by the plaintiffs this Court does not find any impropriety in the judgment and decree passed by the First Appellate Court not holding that the plaintiffs have title over the property based on the L.R. Record-of-Rights. Since the plaintiffs could not place any other better document on title in respect of the suit property, this Court is not in a position to accept the submission of the appellant in this appeal and, therefore, this appeal is dismissed. 2. Urgent Photostat certified copy of this judgment, if applied for, be delivered to the learned advocates for the respective parties upon compliance of all usual formalities.