Indrajit Das and Ors. v. Neela Pramanick and Ors.
Case brief
What is this about?
This appeal challenged an order in a suit for declaration and injunction regarding property title. The Court upheld the vessel's reliance on a Deed of Conveyance over municipal records. It modified the injunction order, directing that encroachment issues be examined via a Commissioner appointment.
What did the court decide?
The injunction order was modified to direct the appointment of a Commissioner to ascertain the nature and extent of encroachment and possession.
What the court decided
02.05.2022 S/L No.14 KS
F.M.A. 560 of 2022 With
I.A. No. CAN 1 of 2022
Indrajit Das & Ors. -Vs.Neela Pramanick & Ors.
Mr. Aniruddho Chatterjee Mr. Sayan Sinha Ms. Mou Ghosh Mr. S. S. Biswas
…..For the Appellants Mr. Amrit Kumar Nag Mr. M. Roy
…..For the O.P. No.1
Affidavit of service filed in Court be kept with the record.
The appeal is arising out of an order dated 5th March, 2022 in connection with an application for injunction in a suit for declaration and injunction. The plaintiffs alleged that the plaintiffs are the owners of the suit property by virtue of a Deed of Conveyance dated 12th March, 1973. The
Deed of Conveyance dated 12th March, 1973 executed by and between Maharaj Kumar Soumendra Chandra Nandi
2
Issues for consideration
3 issues framed by the court
Whether the trial court correctly relied on the Deed of Conveyance over corporation records to establish title.
Whether the order of injunction should be modified to address the question of encroachment.
Whether the plaintiffs can claim recovery of possession when not prayed for in the suit.
Parties & counsel
- appellant
Indrajit Das & Ors.
- respondent
Neela Pramanick & Ors.
Coram
Sugato Majumdar
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · May
- Registered
- Case no.
- FMA/560/2022
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