Indrajit Chatterjee, J. - (1.) This court is hearing this second appeal as against the judgment and decree passed by the learned First Appellate Court being the learned District Judge, 1st Court at Alipore, 24-Parganas (South) as passed in Title Appeal No. 211 of 2012 dated 17th December, 2014 wherein the learned First Appellate Court was pleased to dismiss the appeal and confirm the judgment and decree passed by the learned Civil Judge (Junior Division), 1st Court at Alipore as passed in Title Suit No. 143 of 2012 dated 26-09-2012.
(2.) It may be said at the very outset that the learned trial court disposed of the suit only on preliminary issue as to whether notice under Section 586 of the Kolkata Municipal Corporation Act, 1980 (hereinafter called as Act of 1980) was necessary or not and the learned trial court came to the conclusion that such notice was necessary and as such, the suit was dismissed.
(3.) Let me now say in brief the fact of this case:- The suit property originally belonged to Udani Rai, Ganga Devi and Ram Ekbal Rai. This Ram Ekbal Rai is the appellant no. 1. The other plaintiffs are the legal heirs of Ganga Devi and Udani Rai. The plaintiffs as per the plaint claimed that the defendant nos. 1, 2 and 3 in collusion with the Kolkata Municipal Corporation managed to mutate their names in respect of the suit property being the Premises No. 110, Dr. Girindra Sekhar Bose Road within the P.S. Kasba, Kolkata 39 (hereinafter called as the suit property). The defendant nos. 4 and 5 appeared before the learned trial court by filing one written statement along with the counter claim. The specific claim of the defendants was that the suit is barred by res judicata, constructive res judicata, mis-joinder of causes of action, that the suit being one for recovery of possession the plaintiffs are bound to pay ad valorem court fees, that the suit is speculative and harassing one, that the allegations as made out in the plaint are false and frivolous and that those defendants strongly denied that the plaintiffs are the owner and occupier of the suit land and they only became the owner of the suit property by virtue of registered deed no. 494 purchased by Ganga Devi from M/s. Cultural Enterprises Private Limited Corporation or by registered deed no. 730 of 1966 purchased by Udani Rai in the year 1966 or the deed no. 731 of 1976 vide which Ram Ekbal Rai purchased the property in the year 1966.;