SUBHRO KAMAL MUKHERJEE, J. - (1.) THIS is an appeal against judgement and decree dated June 3, 2003 passed by the learned Judge, Second Bench, City Civil Court at Calcutta, in Title Suit No. 3086 of 1996.
(2.) THE learned trial judge by the judgement and decree impugned in this appeal dismissed a suit for declaration that the plaintiff was a lawful owner of the passage on the northern side leading to the bath and privy of the premises No. 10/D, Ultadanga Road, (now 10/F, Ultadanga Road) as described in schedule 'C' to the plaint. Originally, the property belonged to Himangshu Sekhar Basu. There was a previous litigation. An award was passed by the Arbitrator on June 10, 1932. This Court in its ordinary original civil jurisdiction passed a decree dated July 22, 1932 dividing the premises No. 10/D, Ultadanga Road, in two portions. The front portion measuring 2 cottah 9 chittack 41 square feet with two storied building was allotted to Sura Sundari Devi, whereas the back portion of the property measuring 2 cottah 10 chittack 20 square feet was allotted to the family deity Sree Sree Iswar Narayan Jew. There were various proceedings touching the property -in -suit.
(3.) ULTIMATELY , after obtaining leave from the Court the front portion and the back portion were conveyed to the outsiders. Whereas this appellant has acquired title in relation to the front portion, the defendants acquired title in relation to the back portion of the premises. The premises acquired by the plaintiff has been re - numbered as 10/F, Ultadanga Road.;