Calcutta High Court (Appellete Side)
Dhirendranath Das vs Labu Dasi (Since Deceased) ... on 16 March, 2021
16.03.2021
Ct. No.9
S/L No.3
KS
S.A. 410 of 2016
With
IA No.CAN 4 of 2020
+
IA No. CAN 5 of 2020
Dhirendranath Das
Vs.
Labu Dasi (since deceased) represented by Naru Das &
Ors.
(Via Video Conference)
Mr. Chittapriya Ghosh
Ms. KomalSingh
............For the Appellant
Ms. Priyanka Saha
........For the Respondents
IA No.CAN 5 of 2020
This is an application for urgent hearing and the
application being, IA No.CAN 5 of 2020 is disposed of by
taking up IA No. CAN 4 of 2020 for urgent hearing and
consideration.
IA No.CAN 4 of 2020
This is an application for recording compromise.
The brief facts as it emerged from the application is
that the predecessor-in-interest of the applicant nos.2 and
3 namely, Smt. Labu Dasi, since deceased, as the plaintiff
had filed a suit for declaration of title and permanent
injunction in the Court of the Civil Judge, Junior Division
at Suri, Birbhum registered as Title Suit No.100 of 2006
and the said suit was dismissed by a judgment and decree
dated 29.08.2012.
Being aggrieved, the plaintiff preferred an appeal
being, Title Appeal No.5 of 2013 in the Court of learned
Civil Judge, Senior Division, Suri, Birbhum and the
Appeal Court below was pleased to set aside the
judgment of the Trial Court by its judgment dated
28.01.2015 declaring the plaintiffs right, title and interest
in respect of the suit property and restraining the
respondents from dispossessing the plaintiff from the suit
property by a decree of permanent injunction. The
applicant no.1/the defendant no.1 being aggrieved by and
dissatisfied with the said appellate judgment and decree
preferred the instant appeal being, S.A. 410 of 2016. The
appeal was admitted on formulation of substantial
questions of law for its hearing.
Now, at this stage, with the well wishers and of
common friends, the applicants have amicably settled
their disputes in respect of the suit property.
It has been categorically admitted that the entire suit
properties i.e. Schedule - 'A' and Schedule - 'B' property
belonged to one, Kalo Bayan, since deceased, who had
gifted the entire suit property to her daughter, Labu Dasi,
the original plaintiff by a Deed of Gift being no.8770 of
1988. The parties have admitted that the said Labu Dasi,
the predecessor-in-interest of the applicant nos.2 and 3 by
virtue of a Deed of Gift being no.704 of 1990 transferred
half share of the suit properties i.e. Schedule - 'A' and
Schedule - 'B' in favour of the applicant no.1/defendant
no.1. The applicants no.2 and 3 admit and declare that
said deed of gift being no.704 of 1990 registered with the
Additional District Sub-Registrar, Suri, Birbhum is valid
and binding upon the parties to the suit.
The parties have further admitted that the said Labu
Dasi by another deed of sale being no.3324 of 2002
transferred rest half share in Suit Plot No.904 of 1984 in
favour of the defendant no.1/appellant no.1 and the said
deed is being admitted by the plaintiff/appellant nos.2 and
3 as valid and binding upon the parties to the suit.
Accordingly, the applicants have admitted and
acknowledged that by virtue of the aforesaid deeds, the
applicant no.1 becomes the lawful owner and possessor of
the entire suit plot no.904 measuring about 8 decimals and
plot no.1984 measuring about 3 decimals and the
applicants no.2 and 3 have no right, title and interest over
the said plot of land. In regard to plot no.1797 measuring
about 12 decimals and plot no.2080 measuring about 15
decimals out of 29 decimals situated at Mouza -
Purandarpur, J. L. No.63, L. R. Khatian No.1440 and Part
'B' Schedule property in view of the deed of gift being
No.704 of 1990 are jointly owned and possessed by the
applicant no.1 having half share and the applicant nos.2
and 3 jointly having half share therein. Thus, the parties
to the suit have admitted that the defendant
no.1/applicant no.1 by virtue of a registered deed of sale
dated 29.01.2002 transferred his half share in the suit plot
no.1797 in favour of the original plaintiff namely, Labu
Dasi being the predecessor-in-interest of applicant nos.2
and 3. Accordingly, the applicant namely, 2 and 3 become
the absolute owner of the entire plot of 1793 measuring
about 21 decimals appertaining to J.L. No.63, L.R. Khatian
No.1440 of Mouza Purandarpur and the applicant no.1
has no right, title, interest and possession over the same.
The defendant no.1/applicant no.1 categorically admitted
and declared that such deed of sale dated 29.01.2002 is
valid and binding upon the parties to the suit. It is also
categorically admitted by the applicants that the Plot
No.2075 measuring about 2 decimals out of 17 decimals
situated at Mouja - Purandarpur, J. L. No.63, L. R. Khatian
No.1440 and part of 'B' Schedule property was sold to the
wife of Tulshi Sadhu jointly by the applicant no.1 and the
predecessor in interest of the applicant no.2 and 3 namely,
Labu Dasi, since deceased by registered deed of sale dated
29.01.2002 and relinquished their right, title and interest
over the said plot of land. The parties to the suit
categorically admitted and declared such deed of sale is
valid and binding upon the parties.
Accordingly, the applicants being the parties to this
appeal have prayed for a decree in terms of compromise
arrived by and between them in respect of properties
more specifically mentioned in paragraph 19 of the
application.
Having heard learned advocate for the parties and
in consideration of the terms of settlement as discussed
above and the terms being sufficient, legal and valid,
the instant appeal being SA/410/2016 (Dhirendranath
Das Vs Labu Dasi & Ors.) is allowed and decreed in
terms of compromise and the application being IA
No.CAN 4 of 2020 be made part of the decree.
Thus, the appeal being SA 410 of 2016 is disposed of.
The applications being, IA No.CAN 4 of 2020 and IA
No.CAN 5 of 2020 stand disposed of accordingly.
Parties to bear their respective costs.
Certified website copies of the judgment, if applied
for, be made available to the parties, subject to compliance
with all requisite formalities.
(SHIVAKANT PRASAD, J.)
