KUSUM DAGA Vs. NIVA RANI BISWAS
HIGH COURT OF CALCUTTA
NIVA RANI BISWAS
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A.K.Dutta, J. -
(1.)This application under Article 227 of the Constitution of India is directed against the order dated 13th August, 1991 by the learned Additional District Judge, 2nd Court, Nadia, in Civil Revision No. 29 of 1990 before him, for the reasons stated and on the grounds made out therein.
(2.)The facts, as are relevant for the present purpose, may shortly be set out as follows:
The opposite-party No 1 herein Smt. Niva Rani Biswas (hereinafter referred to as Niva Rani) had filed a suit. being Title Suit No. 51 of 1987, before the 3rd Court of Munsif at Krishnagar against the opposite Party No. 2 herein Amar Chand Adhikary (hereinafter referred to as Amar Chand) as the principal defendant, wherein the Petitioner Kusum Daga (hereinafter referred to as Kusum) had been impleaded as a proforma defendant, praying for a decree for eviction and mesne profits against the said Amar Chand. It is contended by Niva Rani that she and Kusum are co-owners in respect of R.S. Plot No. 447, under R.S. Khatian No. 225, within mouza-Bagha Doba, measuring 47 decimals of land. Niva Rani has contended in the said suit that she has 9 annas share in the said plot and the defendant Amar Chand is a rank tresspasser in respect of .06 decimals of land thereto, the subject matter of the said suit, which was stated to be in her exclusive possession. The said Niva Rani had filed another suit, being Title Suit No. 145 of 1987, before the some very court at Krishna Nagar, impleading both Kusum and Amar Chand as defendants therein in respect of the some very R.S. Plot No. 447 praying for partition, contending, inter-alia that she has 9 annas share therein and the remaining 7 annas share belongs to Kusum, further contending that she is in exclusive possession of the aforesaid .06 decimals of land from which she had allegedly been dispossessed by the said Amar Chand.
(3.)Kusum had filed written statements in both the said two suits challenging that Niva Rani has 9 annas share in the disputed plot and that she was in exclusive possession of the aforesaid .06 decimals of land in the disputed plot from which she had allegedly been dispossessed by the said Amar Chand.
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