- (1.) Leave granted.
(2.) Respondent No.1 filed a suit for declaration and possession as also for damages in the Court of Civil Judge (Senior Division) at Baruipur, 24- Parganas (South) in the State of West Bengal. An ex-parte decree was passed against the appellant herein who was arrayed as defendant No.6 in the suit. In the plaint, the suit property was described as under : "That within the township area 2.09 acres comprising of R.S. Dag Nos.340, 341, 342, 343 and 344 of Mouza Tegharia morefully described in the Schedule "A" hereunder written and hereinafter referred to as the suit property, is situated."
(3.) Plaintiff claimed title over the suit property on the basis of purchases made under two registered deeds of conveyances dated 27.1.1968 comprising of 12 shares of Plot No.340, 341, 342 and 343 of Mouza Tegharia admeasuring 1.39 acres from defendant No.1 and his three sisters. However, in the Schedule of Property, described in the schedule to the plaint, it was stated : "All that acres of land now developed for Housing Township appertaining to Rs.Dag No. under Khatian Nos. of Mouza Tegharia, J.L. No.6, lying and situate within Sonargaon Park, P.S. Sonarpore, District South 24 Parganas (South).";