- (1.) This appeal is directed against the judgment and decree dated April 25,1996 passed in Title Appeal No. 17 of 1995 by learned Additional District Judge, 14th Court, Alipore, District-South 24-Parganas thereby affirming the judgment and decree dated September 22, 1994 and November 7, 1994 respectively passed in Title Suit No. 203 of 1983 by learned Assistant District Judge, Second Court, Alipore, District -South 24 - Parganas.
(2.) The factual background of the plaintiff/respondent's case in a nutshell is that the suit property was purchased by the plaintiff/respondent Haran Chandra Dhar and his elder brother Srimanta Kumar Dhar , since deceased jointly in their own r name out of their own money in equal share. The property was developed and rooms were constructed thereon. They were possessing the same jointly till the death of Srimanta Kumar Dhar. Plaintiff/respondent is in occupation of two rooms with kachha vit. brick built wall and tile shed in separate mess with the defendants. There are two monthly tenants and the rent is realised by the defendant No.1/appellant without showing any account to the plaintiff though repeated demands were made. A dispute arise between the parties as to the peaceful and convenient use and enjoyment of the suit property. The plaintiff asked the defendants to agree with an amicable partition which was refused. So the suit was filed.
(3.) The case of the defendants/appellants is that the properties was purchased by Srimanta Kumar Dhar , since deceased out of his self acquired fund. The plaintiff/respondent has no right , title and interest over the suit property. He has never contributed any fund towards purchase of the said property. He had no income at the time of purchase of the property in issue so the question of contribution by the plaintiff/respondent does not arise.;