Jyotirmay Bhattacharya, J. - (1.) THIS First Appeal is directed against the judgment and decree passed by the learned 3rd Civil Judge (Senior Division) Alipore on 10th June, 2009 in Title Suit No. 139 of 2004 whereby the plaintiff's suit was decreed on contest.
(2.) THE plaintiff was declared as owner of the machine described in schedule "A" (Ext. 2) appended to the plaint. The defendants were directed to pay a sum of Rs. 39,09,953.00 (Rupees thirty nine lakhs nine thousand nine hundred fifty three) only to the plaintiff with interest thereon at present bank rate with effect from the date of filing of the suit till recovery thereof. Such payment was directed to be made within sixty days from the date of the order. The defendants were further directed to pay a sum of Rs. 1,55,000.00 (Rupees one lakh fifty five thousand) only to the plaintiff which was paid by the plaintiff to the defendants towards advance within sixty days from the date of the order in default, the plaintiff was given liberty to put the decree into execution. So far as the rental value of the machine is concerned, the plaintiff's entitlement to recover the said rental value by a separate proceeding and upon proper enquiry with the help of Engineer and/or Advocate Commissioner was declared. At the same time, the counter -claim filed by the defendants in the said suit was dismissed.
(3.) THE legality and/or propriety of the said judgement and decree of the learned Trial Judge is under challenge in this First Appeal at the instance of the defendants.;