MIRA SEN Vs. BANTI MAJUMDER

JUDGEMENT

(1.) Heard Mr. D. Chakraborty, learned senior counsel assisted by Ms. S. Deb Gupta and Mr. H. Laskar, learned counsel appearing for the appellants as well as Mr. D. K. Biswas and Mr. G. S. Bhattacharjee, learned counsel appearing for the respondents.

(2.) Both these appeals being RSA No.07 of 2014 (Smt. Mira Sen and another v. Smt. Banti Majumder and others) and RSA No.08 of 2014 (Smt. Mira Sen and others v. Smt. Gouri Sen and others) are combined for disposal by a common judgment inasmuch as the issues in the related title suits being Title Suit No.25 of 2009 and the subsequent suit being Title Suit No.25 of 2010 were found common and since by the judgment dtd. 9/4/2012 delivered in TS No.25 of 2009 all the issues were decided. The subsequent suit being TS No.25 of 2010 was dismissed by the judgment dtd. 3/8/2012 holding that in view of the judgment passed in Title Suit No.25 of 2009, the said suit is barred by res judicata. In Title Suit No.25 of 2009, by the judgment dtd. 9/4/2012 the following declarations have been made while determining the relevant issues:

(3.) It would be appropriate to mention that the suit being Title Suit No.25 of 2009 has been instituted by Smt. Gouri Sen, the respondent No.1 in RSA No.08 of 2014, for declaration of right, title and interest and recovery of possession against the defendants who claimed their right through Smt. Adarini Bala Nag, the original defendant No.6 in T.S. No.25 of 2009 and who had instituted T.S. No.25 of 2010 for a bare declaration that sale deed dtd. 12/12/1988, Exbt.1 in T.S. No.25 of 2009, has no binding effect on her.