- (1.) This second appeal is directed against the judgment and decree dated February 12, 2004 passed by the learned Civil Judge (Senior Division), 1 st Court, Hooghly in Title Appeal No.147 of 2002 thereby reversing in part the judgment and decree dated June 10, 2002 passed by the learned Civil Judge (Junior Division), 1 st Court, Hooghly in Title Suit No.208 of 2000 so far as it relates to the dismissal of counter-claim of the appellant. The plaintiff/respondent filed a suit being Title Suit No.208 of 2000 praying for a decree of declaration that the plaintiff is the absolute owner and possessor of the property mentioned in Schedule B and D of the plaint and that the defendant No.1 has no interest therein.
(2.) The defendant No.1 contested the said suit by filing a written statement along with a counter-claim praying for the relief that the plaintiff did not acquire any absolute right to the property described in Schedule D and that the defendant No.1 has right of easement over the property described in Schedule D of the plaint. The defendant No.1 has also prayed for a decree of recovery of possession of the D Schedule property and also a mandatory injunction directing the plaintiff to remove the construction etc. as described in Schedule E of the counterclaim.
(3.) Issues were framed on the basis of the pleadings of the parties and the counter-claim as raised by the defendant No.1. The parties led evidence over the issues framed.;