SAMIR KUMAR BAITALIK Vs. MRINMOY BAITALIK

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated December 18, 2004 passed by the learned Additional District Judge, 4 th Court, Howrah in Title Appeal No.24 of 2002 thereby reversing the judgment and decree dated December 21, 2001 passed by the learned Civil Judge (Senior Division), Uluberia in Title Suit No.132 of 2000.

(2.) The plaintiff/respondent herein instituted the said Title Suit being No. 132 of 2000 before the learned Civil Judge (Senior Division), Uluberia against the defendants/appellants herein praying for declaration that the plaintiff is entitled to pre-empt the sale by Malati Sundari Baitalik to the defendants in respect of B schedule property as described in the schedule to the plaint, decree for pre-emption of the sale-deed dated December 22, 1999 to the defendants by his vendor described in schedule B of the plaint and other reliefs.

(3.) The defendants contested the said suit and the suit was dismissed on contest with cost against the defendants. Being aggrieved, the plaintiff preferred an appeal being Title Appeal No.24 of 2002 before the learned District Judge and the First Appellate Court allowed the appeal on contest. The judgment and decree passed by the learned Civil Judge (Senior Division), Uluberia, has been set aside and the decree of declaration and pre-emption as sought for have been granted accordingly. Being aggrieved, by such judgment and decree of the First Appellate Court, this second appeal has been preferred by the defendants.