Pravendu Narayan Sinha, J. - (1.) In this appeal the point for decision is whether during pendency of a civil suit concerning title over a property i.e. building, the Calcutta Municipal Corporation can be directed to realise rates and taxes from both the parties fighting in the Civil Court for title over that building. The Calcutta Municipal Corporation has preferred the instant appeal being aggrieved by and dissatisfied with the judgment and order dated 21st (Member, 2001 passed by a learned Single Judge of this Court in W.P. No. 2334 of 2001 as by the impugned order the learned Judge directed both the wit petitioner and respondents Sahas to pay the municipal rates and taxes n respect of the property in question.
(2.) The disputed property being premises No. 37/1, Diamond Harbour Bead, Calcutta is an apportioned part of original premises No. 37, Diamond Harbour Road within Mouza Majherhat, P.S. Ekbalpore.The original premises No. 37, Diamond Harbour Road was included in Touzi No. 64/23, Bansdroni Mahal, 24-Parganas along with other immovable properties. The said property was owned by Amarendranath Mukherjee and Harihar Mukherjee and after their death it was partitioned amongst their heirs and divided into premises Nos. 37 and 37/1, Diamond Harbour Road.
(3.) After partition, premises No. 37/1 was owned by one Bishweswari Devi and after her death it was inherited by her three daughters namely, Praiima Banerjee, Nandita Banerjee and Sunanda Banerjee (all deceased), he said Touzi No. 64/23, Bansdroni Mahal was put into Court auction in Revenue Sale Case No. 79 of 1952-53 in the Court of the Collector, M-Parganas at Alipore and in terms of order dated 28.3.1953, the said properties were purchased by one Brindaban Chandra Saha, since deceased. He was given possession over such properties including original premises No. 37, Diamond Harbour Road in Revenue Sale Misc. Case No. 127 of 1953-54.;