SUKUMAR PATRA & ANR. Vs. RABISANKAR PATRA & ORS.
LAWS(CAL)-2016-3-217
HIGH COURT OF CALCUTTA
Decided on March 02,2016

Sukumar Patra And Anr. Appellant
VERSUS
Rabisankar Patra And Ors. Respondents

JUDGEMENT

Soumen Sen, J. - (1.) This revisional application is directed against an order dated 19th December, 2015 passed in connection with an application filed by the plaintiffs under Section 151 of the Code of Civil Procedure, in which a prayer was made for raising pucca construction over the suit plot no. 190.
(2.) The contention of the plaintiffs appears to be that all the co-sharers to the property in question have consented to raise such construction save and except the contesting opposite party, who is the sister of the plaintiff no. 1.
(3.) The plaintiffs claim to be the co-sharer of 'Ka' schedule property with the defendants by virtue of a deed of gift, being no. 1788 dated 7th March, 2013 and are in possession in respect of 'Ka-1' schedule property, which is the part and parcel of 'Ka' schedule property. The plaintiffs claim to have purchased the suit plot no. 190 as of 'Ka-1' schedule property along with an old mud walled straw shedded house built thereon, which is now in a dilapidated condition and might endanger human life.;


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