LAWS(SC)-2007-10-77

NIYAMAT ALI MOLLA Vs. SONARGON HOUSING CO OPERATIVE SOCIETY LTD

Decided On October 12, 2007
NIYAMAT ALI MOLLA Appellant
V/S
SONARGON HOUSING CO-OPERATIVE SOCIETY LTD. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No.1 filed a suit for declaration and possession as also for damages in the Court of Civil Judge (Senior Division) at Baruipur, 24- Parganas (South) in the State of West Bengal. An ex-parte decree was passed against the appellant herein who was arrayed as defendant No.6 in the suit. In the plaint, the suit property was described as under :

(3.) Plaintiff claimed title over the suit property on the basis of purchases made under two registered deeds of conveyances dated 27.1.1968 comprising of 12 shares of Plot No.340, 341, 342 and 343 of Mouza Tegharia admeasuring 1.39 acres from defendant No.1 and his three sisters. However, in the Schedule of Property, described in the schedule to the plaint, it was stated :