SANKAR DASTIDAR Vs. SHRIMATI BANJULA DASTIDAR
LAWS(SC)-2006-12-18
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on December 05,2006

SANKAR DASTIDAR Appellant
VERSUS
SHRIMATI BANJULA DASTIDAR Respondents


Referred Judgements :-

SARAT CHANDRA MUKHERJEE VS. NERODE CHANDRA MUKHERJEE [REFERRED TO]



Cited Judgements :-

LILAWATI DEVI VS. STATE OF BIHAR [LAWS(JHAR)-2019-4-139] [REFERRED TO]
B. GHOSE & COMPANY PVT. LTD. VS. SATISH MATHUR [LAWS(DLH)-2021-8-65] [REFERRED TO]
ANIL KUMAR SHUKLA VS. STATE OF U.P. THROUGH PRINCIPAL SECRETARY [LAWS(ALL)-2013-2-27] [REFERRED TO]
DEENABANDHU SAHU VS. FOREST RANGER AND OTHERS [LAWS(ORI)-2016-11-5] [REFERRED TO]
PRABHAT CHATURVEDI VS. STATE OF U.P. [LAWS(ALL)-2013-8-66] [REFERRED TO]
K.N RAO VS. COMPOSITE SECURITIES LTD [LAWS(DLH)-2022-1-51] [REFERRED TO]
M/S VARUNA INTEGRATED LOGISTICS PVT. LTD VS. M/S GOEL ROAD CARRIERS [LAWS(DLH)-2013-12-186] [REFERRED TO]
TELEDATA TECHNOLOGY SOLUTIONS LIMITED VS. DEPUTY REGISTRAR OF COMPANIES [LAWS(MAD)-2022-1-224] [REFERRED TO]
LALNUNTLUANGA VS. UNION OF INDIA [LAWS(GAU)-2022-9-111] [REFERRED TO]
SHARDA SINGH VS. STATE OF U P [LAWS(ALL)-2014-10-231] [REFERRED TO]
KAVI ARORA AND ORS. VS. THE REGISTRAR OF COMPANIES AND ORS. [LAWS(DLH)-2015-9-397] [REFERRED TO]
BETTS WARUNNY VS. FRANKLIN D. NORNHA AND ORS. [LAWS(KAR)-2015-4-132] [REFERRED TO]
HARI RAM VS. JYOTI PRASAD [LAWS(SC)-2011-1-110] [REFERRED TO]
UDAI SHANKAR AWASTHI VS. STATE OF U.P. [LAWS(SC)-2013-1-21] [REFERRED TO]
TAMIL NADU MARITIME BOARD VS. SIMPLEX INFRASTRUCTURE LIMITED [LAWS(MAD)-2019-8-87] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)What would be the period of limitation for raising a counter claim in respect of wrongful detention of goods is the question involved in this appeal which arises out of a judgment and order dated 19.01.2005 passed by the High Court of Calcutta in F.A. No. 71 of 2002.
(3.)Appellant and late Kamakshya Kumar, husband of Dipti Dasgupta Respondent No. 2 herein are brothers. Banjula Dastidar, Respondent No. 1 herein is their sister. They had one more sister Bulbul Dastidar (who died in November, 1987). A suit was filed by Respondent No. 1 against the appellant inter alia for declaration of title in regard to their residential house situate at P-824, New Alipore, Kolkata. Allegedly, the appellant had put a lock, in a room where Respondent No. 1 Banjula used to stay, on 16.03.1987. An inventory was made in the said suit by appointing an Advocate Commissioner. A suit was filed by the appellant thereafter. A counter claim was filed by Respondent No. 1 in the said suit claiming damages for wrongful detention of her belongings on 24.06.1992. The amount of claim was purported to have been made on an allegation that validity of a National Saving Certificate could not be renewed and, thus, she had suffered a loss of Rs. 88, 000/-. She also claimed damages to the tune of Rs. 50, 000/- for wrongful detention of her belongings including garments and personal effects. The suit was withdrawn. The counter claim, however, was treated to be a suit. It was decreed.


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