PRASENJIT MANDAL, J. - (1.) THIS appeal is directed against the judgment and decree dated March 17, 2009 passed by the learned Additional District Judge, Fast Track Court -II, Bongaon, District North 24 - Parganas in Title Appeal No.145 of 1999 thereby reversing the judgment and decree dated August 30, 1999 passed by the learned Civil Judge (Junior Division), Bangaon, District North 24 -Parganas in Title Suit No.34 of 1992.
(2.) THE plaintiff/appellant herein instituted the aforesaid title suit before the learned Trial Judge praying for declaration of title, permanent injunction and other consequential reliefs. The defendant no.1 is contesting the said suit by filing an appropriate written statement contending, inter alia, that the suit is not maintainable in its present form and law. It is hit by the provisions of the Specific Relief Act. The suit also suffers from non -joinder and misjoinder of necessary parties. The defendant no.1 is also a co -owner of the suit property as described in the schedule to the plaint and so, the suit should be dismissed.
(3.) UPON recording evidence, the learned Trial Judge decreed the suit in part declaring the share of the plaintiff in the suit property and also granting a decree of permanent injunction against the defendant no.1.;