FATIMA BIBI & ORS Vs. JAKIR KHAN & ORS
LAWS(CAL)-2019-1-68
HIGH COURT OF CALCUTTA
Decided on January 10,2019

FATIMA BIBI And ORS Appellant
VERSUS
JAKIR KHAN And ORS Respondents

JUDGEMENT

Biswajit Basu, J. - (1.) The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiffs/appellants in a suit for declaration of title and injunction and is directed against order No. 21 dated August 3, 2016 passed by the learned Additional District Judge, 1st Track Court (1), at Howrah, in Title Appeal No. 104 of 2013.
(2.) The petitioners filed Title Suit No. 209 of 2008 for declaration of their right, title and interest over the suit property and also for decree of injunction. The learned Trial Judge by the judgment and decree dated September 9, 2013 dismissed the said suit holding that the plaintiffs although are the owners of the suit property but defendants are in possession of the same as such the suit is hit by the proviso to Section 34 of the Specific Relief Act, 1963.
(3.) The plaintiffs being aggrieved by and dissatisfied with the said judgment and decree preferred an appeal being Title Appeal No. 144 of 2013. The plaintiffs in the said appeal filed an application under Order 6, Rule 17 of the Code of Civil Procedure seeking amendment of the plaint to include the prayer for a decree of recovery of possession of the suit property.;


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