- (1.) The appeal arises out of an order dated November 23, 2017 pertaining to a land covering slightly over one acre and carrying the address of 2, Chowbhaga Road in Ward no.66 under Kolkata Municipal Corporation. According to the writ petitioner appellants, the land was purchased at a court sale in a suit for specific performance and the appellant derives title from the order of sale or the decree passed in the proceedings.
(2.) The appellants apparently attempted to have their names mutated in respect of 2, Chowbhaga Road and after several rounds of proceedings in this Court, the Corporation rendered a finding that there was no existence of any property with the address of 2, Chowbhaga Road. It was also apparently insinuated by the Corporation that the appellants' claim of the land at 2, Chowbhaga Road may be a part of a larger plot bearing address of 13, Chowbhaga Road.
(3.) Ultimately, upon the Court requiring the Corporation to take a firm stand, the Corporation held that the appellants herein were co-owners along with the recorded owner of 13, Chowbhaga Road. The appellants assert that such order of the Corporation flies in the face of the survey conducted by the special officer pursuant to a previous order of the High Court which clearly indicated the independent existence of a plot measuring slightly over one acre which was apparently demarcated in course of such survey as 2, Chowbhaga Road.;