Represented By Gourishankar Das & Ors vs Sri Soumen Mukherjee & Ors on 27 February, 2026

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    Calcutta High Court (Appellete Side)

    Represented By Gourishankar Das & Ors vs Sri Soumen Mukherjee & Ors on 27 February, 2026

    Author: Supratim Bhattacharya

    Bench: Supratim Bhattacharya

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                          IN THE HIGH COURT AT CALCUTTA
                           CIVIL APPELLATE JURISDICTION
                                  APPELLATE SIDE
    
          Present:-
          The Hon'ble Justice Supratim Bhattacharya
    
                                  SA 22 OF 2023
                                       With
                               IA No. CAN 1 of 2023
    
                    Kishore Sangha an Association or Club
                   Represented by Gourishankar Das & Ors.
                                    Vs.
                        Sri Soumen Mukherjee & Ors.
    
    For the Appellants   : Mr. Ayan Banerjee
                             Ms. Debasree Dhamali
                             Ms. Riya Ghosh
    For the Respondents : Mr. Sambhunath De
                             Mr. Ranjit Kumar Ghosh
    Delivered On         :    27.02.2026
    
    
    Supratim Bhattacharya, J.:
    

    1. The present appeal has been preferred by the appellant club being

    aggrieved by and dissatisfied with the judgment dated 12.07.2022

    SPONSORED

    passed in Title Appeal No.105 of 2010 by the Ld. Additional District

    Judge, Fast Track Court, Chandannagar, District Hooghly. Through

    the impugned judgment the First Appellate Court dismissed the title

    appeal without any order as to cost and thereby affirming the

    judgment delivered on 19.03.2010 by the Ld. Civil Judge (Junior

    Division) 1st Court Chandannagar, passed in the Title Suit No. 62 of

    1971.

    2

    2. Factual Matrix

    Before the Trial Court

    The original plaintiff namely Tarapada Mukherjee since

    deceased had filed a suit for declaration of title and for injunction

    before the 1st Court of Munsif, Chandannagar which was numbered as

    TS 62 of 1971.

    Against the said plaint, two written statements were filed. One

    written statement was filed on behalf of the defendants No. 1(a), 1(b)

    and 1(d) namely Parbati Chandra Das, Kamal Kanti Banerjee and

    Bejoy Kumar Da and the other written statement was filed by

    Jyotindranath Tosh and Sudhanshu Rakshit.

    On the basis of the pleadings, the following issues were framed:

    i) Is the suit maintainable in its present form and in law ?

    ii) Is the suit barred by limitation ?

    iii) Is the suit is barred by principle of waiver, estoppel and

    acquiescence ?

    iv) Is the suit barred by adverse possession for more than 12

    years ?

    v) Is the suit bad for defect of parties ?

    vi) Is the suit barred under Section 34 of the Specific Relief Act ?

    vii) Is the suit barred by the provision of Order I Rule 8 of the

    Code of Civil Procedure ?

    viii) Is the plaintiff entitled to get a decree as prayed for ?

    ix) To what relief, if any, is the plaintiff entitled to ?
    3

    x) Has the plaintiff any right, title and interest in the suit

    property?

    xi) Has the defendant acquired any right, title and interest in the

    suit property by way of adverse possession ?

    On behalf of the plaintiffs two witnesses deposed namely :-

    PW1- Subhas Mukherjee

    PW2- Sukumar Chattopadhyay

    On behalf of the defendants five witnesses deposed : –

    DW1- Parbati Chandra Das

    DW2- Pashupati Dey

    DW3 – Sudhangsu Rakshit

    DW4 – Md. Chand (employee of CMC)

    DW5 – Quazi Md. Munir (Investigation Commissioner)

    On behalf of the plaintiffs following documents have been

    exhibited:

    Exhibit-1 : Certified copy of the auction bid dated 15th March,

    1911

    Exhibit-2 : Deed of Settlement being No. 2172 of 1989.

    Exhibit-3 : LRROR in the name of the plaintiffs.

    Exhibit- 4, 4(a) and 4(b) : Mutation certificates in the name of

    the plaintiffs.

    Exhibit-5, 5(a) : Municipal tax receipts.
    4

    Exhibit-6, 6(a), 6(b), 6(c) and 6(d) : Government tax receipts

    issued in the name of the plaintiffs.

    Exhibit-7, 7(a) : Letter issued by Mayor of CMC dated 16.07.91

    and 24/26.7.99

    Exhibit-8 : Certified copy of Amount Register of CMC

    Exhibit-9 : RS Porcha of the suit property.

    Exhibit-10 : Municipal tax receipt of the suit property.

    Exhibit-11 : Government rent receipt of the suit property.

    Exhibit-12 : Notice dated 17.8.68 issued by CMC.

    Exhibit-13 : Sheet Map of 3 No. Chandannagar Mouza.

    On behalf of the defendants following documents have been

    exhibited :

    Exhibit-A : Souvenir of the defendant Club of the year 1989.

    Exhibit-B, B/1 : Copy of the letter dated 05.05.1969 with its

    receipt.

    Exhibit-C,C/1 : Copy of the letter dated 10.05.1969 with its

    receipt.

    Exhibit-D, D/1 : Copy of the letter dated 03.05.1969 with its

    receipt.

    Exhibit-E, E/1, E/2 : Copy of the application dated 24.08.1968

    Exhibit-F, F/1, F/2 : Copy of the application dated 07.01.1969

    Exhibit-G : Report submitted by Mayor CMC.

    Exhibit-H : Certified copy of the suit register of TS 103/1958.
    5

    After considering the oral and documentary evidence the Ld. Trial

    Judge had come to the following finding:

    “Hence it is

    Ordered

    That the suit be and the same is allowed on contest but with cost.

    Plaintiff do get a decree of declaration that the defendant club or its

    members have got no title in the suit property or to use the same as

    playground or to claim any sort of easement and a decree of permanent

    injunction restraining the defendant club or its members from making a

    pucca boundary wall or fencing around the land or to use the land as

    playground or to make any sort of construction in the suit land. Plaintiff

    also do get a decree of mandatory injunction directing the defendants to

    remove the goal post and sign board if any.”

    Before the Ld. First Appellate Court

    Being aggrieved by and dissatisfied with the judgment passed by the

    Ld. Trial Judge the defendants preferred a title appeal being T.A. No.

    105 of 2010. Ultimately the said title appeal has been heard and

    disposed of on 12.07.2022 by Ld. Additional District Judge (FTC)

    Chandannagar, Hooghly.

    The Ld. First Appellate Court dismissed the first appeal, thereby

    affirming the order passed by the Ld. Trial Court, which is the

    impugned order.

    6

    3. Mr. Ayan Banerje being assisted by Ms. Debasree Dhamali and Ms.

    Riya Ghosh, the learned Counsels representing the appellants

    during his exhaustive argument has submitted the following:

    i) The suit is barred under Section 34 of the Specific Relief Act,

    1963 and the impugned judgment and decree ought not to have

    been passed .

    ii) He has further submitted that the suit was filed for declaration

    of the plaintiff’s title to the land in question and for further

    declaration that the defendant has no title to the land or the

    right of user over the land and a prayer for permanent

    injunction has also been made restraining the defendant from

    using the land as a playground and also restraining the

    defendant from making any boundary wall or club house or

    pucca structure in the suit property.

    iii) He has submitted that the plaint is a product of clever drafting

    where the plaintiff has given an impression that the club is not

    in possession of the property but while describing the facts and

    making the prayers it has become apparent that the club was

    actually in possession of the said property.

    iv) He has further submitted that the prayer for removal of sign

    board of the club from any other structure clearly indicates the

    existence of the club over the suit property.

    v) He has further submitted that the defendants through their

    written statement have made it clear that they are in occupation
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    of the suit property and there is a club room existing over the

    suit property for a very long time.

    vi) He has further submitted that through the additional written

    statement the defendants have specifically raised the point that

    the plaintiff has no possession over the suit property and in the

    absence of presence of recovery of possession the suit is not

    maintainable.

    vii) It has also been stated that the suit is not maintainable for non-

    payment of ad valorem court fee.

    viii) The Ld. Counsel has further stressed upon the point that

    through a separate written statement Jatindranath Tosh and

    Sudhanshu Rakshit filed a separate written statement and

    specified that the club was in possession of the suit property

    for more than 12 years even prior to the institution of the suit

    and the club has acquired title by way of adverse possession.

    ix) The Ld. Counsel has further submitted that the Ld. Trial Court

    had framed an issue as to whether the suit is barred under

    Section 34 of the Specific Relief Act, 1963 and while considering

    the issue the LD. Trial Court has observed that in a suit for

    declaration, a prayer for recovery of possession, trespasser is a

    relief ancillary to the substantial prayer as such the Court

    treated that the prayer was for recovery of possession from

    trespasser but did not apply Section 34 without providing any

    reason for the same.

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    x) He has further submitted that the Ld. Trial Court has recorded

    that it is the plaintiff’s case that the defendant club is a

    trespasser whereas it is the case of the defendant that they are

    in possession adverse to the right, title and interest of the

    plaintiff.

    xi) He has further submitted that in the Trial Court’s judgment it is

    mentioned that the plaintiff has proved the right, title and

    interest in the suit property and the defendant has not acquired

    any right, title and interest by way of adverse possession.

    xii) He has further submitted that during the trial of the suit the

    plaintiff has tried to make out a case that the club is trying to

    make construction and enter into the property but during

    hearing it is established and admitted by the plaintiff that the

    club was in possession although in the capacity of a trespasser

    and once possession of the club over the suit property is proved

    a prayer for recovery of possession becomes mandatory

    requirement of law to maintain the suit under the specific relief

    Act.

    xiii) He has also submitted that the First Appellate Court had opted

    the findings of the Trial Court while discussing requirement of

    adverse possession.

    xiv) He has further submitted that the Appellate Court has come to

    the finding that the appellant has failed to prove that his

    possession was open and hostile to prove its adverse nature.
    9

    xv) He has further submitted that the Appellate Court did not take

    into consideration the two Commissioner’s Report which were

    filed before the Ld. Court which clearly establishes pucca

    construction made by the club and such construction was

    further developed during the pendency of the suit which

    remained pending for a period covering more than 12 years.

    xvi) He has further submitted that the judgment of the trial court

    and the First Appellate Court are perverse as there has been

    non-consideration of essential materials on record.

    xvii) He has further submitted that in the first commissioner’s report

    filed on 18.04.1980 the Commissioner observed that there were

    existence of old pucca building shown in the RS Map in different

    plots and the report mentions existence of a brick wall tile shed

    club room of Kishore Sangha over the suit plot and the said

    room is adjacent to the building of Hari Lila Sabha which

    according to the plaintiff is on the adjoining plo and the survey

    map also shows that over the suit plot there is existence of club

    room of Kishore Sangha.

    xviii) The Ld. Counsel has also relied upon revised commissioner’s

    report wherein it has been mentioned that the earlier French

    plot nos. 2248 and 2249 have subsequently being converted

    into RS Plot Nos. 643 and 644.

    xix) He has further submitted that the revised commissioner’s report

    mentions that the nature of construction changed to a great
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    extent and huge quantity of building materials were stacked in

    the suit property for the purpose of the further construction.

    xx) He has further submitted that in the commissioner’s report it

    has been mentioned that the club room of Kishore Sangha

    which was existent for a period of more than 15 years have

    been cemented and walls have been plastered and huge

    pandals have been constructed over the suit property in front of

    the Thakur Dalan.

    xxi) The Ld. Counsel has relied upon the evidence of PW1 whereby it

    has been stated that Hari Lila Samilani had incited the local

    people to use the said land as a playground and from 1968 the

    sign board of the club was being displayed at the said property

    and the club members started installing goal posts and

    constructing club rooms.

    xxii) He has further submitted that it is established that the

    existence of the club room over the suit property since at least

    1968.

    xxiii) He has also relied upont he evidence of PW2 wherein the said

    witness had admitted that there is a building of Sri Sri Hari Lila

    Sambodhani Sabha which is in the suit property and on teh

    northern side of the suit property the club room of Kishore

    Sangha is situated.

    xxiv) The Ld. Counsel has relied upon Exhibit- 7, 7A that is letter by

    the Chandannagar Municipality and 8 that is the assessment

    register where there is existence of club room.
    11

    xxv) The Ld. Counsel has stressed upon the fact that the appellant

    club is entitled to the benefit of adverse possession against the

    owners in view of its continuous possession over the suit

    property prior to filing of the suit and also during the pendency

    of the suit and appeal.

    xxvi) He has further submitted that the appellants defendants are in

    adverse possession of the suit property for a period of more than

    12 years from the date of institution of the suit.

    xxvii) He has further submitted that although it is contended by the

    respondents plaintiffs that temporary user as a playground does

    not constitute adverse possession, the existence of pucca club

    room, display of the board containing name of the club is a

    clear, open and hostile act displaying possession of the

    property, such act constitutes open and adverse possession of

    the suit property.

    xxviii) The Ld. Counsel has submitted that from the revised

    report of the commissioner it is apparent during the two visits of

    the commissioner in 1980 and 2004 there has all alone been

    existence of club room in the suit property. Initially the club

    room was having brick wall but in 2004 the club room has

    developed with tile flooring and further structure.

    xxix) The Ld. Counsel has also submitted that from the

    commissioner’s report it is conclusive that the possession of the

    defendant is at least from 1980 till the filing of the revised

    report in 2004.

    12

    xxx) He has further submitted that it is settled law that the plaintiff

    cannot bring an action of recovery of possession after a period of

    12 years from the date of such dispossession. Therefore even if

    it is established that the plaintiff has right, title interest over the

    suit property they don’t have a remedy for recovery of

    possession since they have slept tight over their right to recover

    the said property.

    xxxi) He has further submitted that it is also established principle of

    law that if during pendency of the suit the period of 12 years of

    possession over another person’s property is covered then also

    the defendant can claim that he cannot be evicted from the suit

    property since there was not amendment of the plaint during

    this period asking for recovery of possession.

    Banking upon this the Ld. Counsel has submitted that

    the respondents plaintiffs have failed to assert their right by

    asking for recovery of possession although the defendants were

    admittedly in possession of the suit property and it is well-

    settled that adverse possession can not only be used as a

    defence or shield but also as a sword and an independent suit

    claiming for title by way of adverse possession is also

    maintainable and the appellants defendants have specifically

    claimed the defence of adverse possession.

    He has relied upon the following authorities

    a) (1973) 2 SCC 705

    b) (2012) 8 SCC 148
    13

    c) (2019) 8 SCC 729

    d) 2024 SCC Online SC 132

    4. Mr. Sambhunath De being assisted by Mr. Ranjit Kumar Ghosh, Ld.

    Counsels representing the respondents has submitted the following:

    i. The Ld. Counsel has stated that in the year 1968 the

    plaintiff first time observed that the club has fixed a sign

    board and goal post upon the suit property as such the

    plaintiff has filed a suit in the year 1971.

    ii. He has further submitted that all the documents filed by

    the defendants are of the year 1968 or of subsequent

    years.

    iii. He has further submitted that the suit for declaration is

    permissible when one is denying one’s right, title interest

    over the property and in the present case the defendants

    are claiming adverse possession over the suit plot denying

    the right, title, interest and possession of the plaintiff’s.

    As such the suit is maintainable and is not barred under

    Section 34 of the Specific Relief Act.

    iv. He has further submitted that the defendant must prove

    constructive possession as the onus is upon him who

    claims adverse possession but the defendant has failed to

    prove it.

    v. He has also submitted that DW2 stated in his evidence

    that the defendant club was registered in the year 1961

    but the so called registration certificate has not been filed.
    14

    vi. The ld. Counsel has relied upon the following citations

    AIR 1961 MP 212

    AIR 1996 CAL 84

    1995 2 CLJ 433

    2004 10 SCC 779

    2017 13 SCC 705

    2009 16 SCC 517

    2019 4 ICC 244

    5. At the time of admission only one substantial question of law was

    framed and during the hearing of the present appeal another

    substantial question of law has been framed those are as follows:

    i) Whether on the facts and in the circumstances aforesaid, the suit

    was barred under Section 34 of the Specific Relief Act, 1963 and that

    the impugned judgment and decree ought not to have been passed ?

    ii) Whether on the facts and in the circumstances the appellants

    association or club is entitled to a decree of adverse possession

    against the owners that is the respondents.

    Thus, from the substantial questions of law framed it is apparent that this

    present appeal revolves around two issues firstly whether the suit filed by

    the respondent/ landlord was at all tenable as per the Specific Relief Act

    or not and secondly as to whether the appellant club is entitled to a

    decree of adverse possession or not.

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    6. As regards to the first substantial question of law Section 34 of the

    Specific Relief Act is laid down, which is as follows:

    “34. Discretion of court as to declaration of
    status or right.–

    Any person entitled to any legal character, or to any
    right as to any property, may institute a suit against
    any person denying, or interested to deny, his title to
    such character or right, and the court may in its
    discretion make therein a declaration that he is so
    entitled, and the plaintiff need not in such suit ask for
    any further relief:

    Provided that no court shall make any such
    declaration where the plaintiff, being able to seek
    further relief than a mere declaration of title, omits to do
    so.”

    From the aforementioned Section it transpires that if the plaintiff in

    spite of having to seek further relief than a mere declaration of title

    and does not do so then Court shall not make any such declaration.

    From the plaint it transpires that the plaintiff has mentioned in the

    plaint ” …. that the defendants tried to go upon the land to play football

    and fixed two bamboo goal posts, hung up a sign board in the name of

    ‘Kishore Sangha’…..” and the plaintiff apart from seeking declaration

    of the plaintiff’s title to the suit property that is 0.076 acres of danga

    land recorded in R.S. Plot 643 of R.S. Khatian 366 of mouza

    Chandannagar, sheet No. 3 P.S. Chandannagar, District-Hooghly

    formerly recorded and comprised in French plot No. 2248 has also

    prayed the following:

    16

    ” ….b) for permanent injunction restraining the defendant ‘Kishore

    Sangha’ or its members from using the land as their playground or from

    making a pucca boundary wall around the land or from making barbed

    wire fencing with bricks or otherwise around the land or from making

    any pucca or any sort of club house or any structure of any description

    on the land in suit.

    c) for mandatory injunction ordering the defendant to remove the two

    bamboo goal posts fixed on the land or /and to remove the sign board

    bearing the name ‘Kishore Sangha’ hung up or fixed on the land or any

    other structure that may be made. …. ”

    Thus, from the plaint it is apparent that the plaintiff has apart from

    seeking declaration has also sought for ancillary reliefs, so the plaint

    is not barred as per the provisions laid under Section 34 of the

    Specific Relief Act, 1963.

    7. As regards to the second substantial question of law that is adverse

    possession in respect of the suit property claimed by the defendants.

    The plaintiffs have produced certified copy of an auction bid dated

    15.03.1911, a deed of settlement, L.R.R.O.R. in the name of the

    plaintiff, mutation certificates in the name of the plaintiff, Municipal

    tax receipt, Government tax receipt issued in the name of the plaintiff,

    RS Porcha of the suit property in support of their contention in

    respect of the suit property.

    On the contrary, the defendants through their written statement have

    tried to prove that the said Kishore Sangha is a very old institution
    17

    and the people of the locality particularly the children and the young

    boys have been playing games of all sorts including football and

    performing open air exercises as of right, peacefully, continuously and

    uninterruptedly upon the suit land since time immemorial, in spite of

    knowledge of the plaintiff/owner and municipal grant is being received

    by the said club for about 12 years or more. The defendant club could

    only produce copy of some applications and letters of which the first

    one is dated 24.08.1968 and the remaining ones are of later dates.

    The lis has been initiated by the plaintiff by filing the plaint on

    06.04.1971.

    Adverse possession is a concept that emerges, when a person, not

    vested with the title , is in possession of the property, in derogation of

    the title of the rightful owner. If the possession is traceable to any

    permission or an act, emanating from the actual owner , it cannot be

    treated as adverse.

    There is no statutory definition of adverse possession. In the case

    between Annasaheb Bapusaheb Patil Vs. Balwant reported in (1995)

    2 SCC 543 the Hon’ble Apex Court has stated the following:

    “14. Article 65 of the Schedule to the Limitation Act, 1963

    prescribes that for possession of immovable property or any

    interest therein based on title, the limitation of 12 years begins

    to run from the date the defendant’s interest becomes adverse

    to the plaintiff. Adverse possession means a hostile assertion

    i.e. a possession which is expressly or impliedly in denial of
    18

    title of the true owner. Under Article 65, burden is on the

    defendants to prove affirmatively. A person who bases his title

    on adverse possession must show by clear and unequivocal

    evidence i.e. possession was hostile to the real owner and

    amounted to a denial of his title to the property claimed. In

    deciding whether the acts, alleged by a person, constitute

    adverse possession, regard must be had to the animus of the

    person doing those acts which must be ascertained from the

    facts and circumstances of each case. The person who bases

    his title on adverse possession, therefore, must show by clear

    and unequivocal evidence i.e. possession was hostile to the

    real owner and amounted to a denial of his title to the property

    claimed.”

    Adverse possession is the exception in the recognition of law by

    acquisition of title only through lawful means. Adverse possession

    implies that possession commenced in wrong and maintained against

    right : corpur juris secundem. In order to constitute possession two

    conditions must be satisfied ; the person concerned must be in a

    position to exercise some control or power over the thing or object he

    must intend or will to exercise this control or power – there must be

    both physical (corpus) and mental (animus) aspects or elements

    present to constitute possession.

    Article 65 of the Limitation Act deals with the provision as regards to

    the time period which is to be proved by the person who is claiming
    19

    adverse possession in respect of the property. The said Article lays

    down as follows:

    “65. For possession Twelve years When the

    of immovable possession of the

    property or any defendant

    interest therein becomes adverse

    based on title. to the plaintiff.

    Explanation.–For

    the purposes of this

    article–

    (a) where the suit is

    by a remainderman,

    a reversioner (other

    than a landlord) or a

    devisee, the

    possession of the

    defendant shall be

    deemed to become

    adverse only when

    the estate of the

    remainderman,

    reversioner or

    devisee, as the case

    may be, falls into
    20

    possession;

    
    
    (b) where the suit is
    
    by    a    Hindu        or
    
    Muslim     entitled     to
    
    the   possession        of
    
    immovable property
    
    on the death of a
    
    Hindu     or     Muslim
    
    female,                the
    
    possession       of    the
    
    defendant shall be
    
    deemed to become
    
    adverse only when
    
    the female dies;
    
    
    (c) where the suit is
    
    by a purchaser at a
    
    sale in execution of
    
    a decree when the
    
    judgment          debtor
    
    was        out          of
    
    possession       at    the
    
    date of the sale, the
    
    purchaser shall be
    
    deemed      to    be    a
                                           21
    
    
                 representative of the
    
                 judgment-debtor
    
                 who    was    out   of
    
                 possession.
    
    
    

    8. The plea of adverse possession is not a pure question of law but a

    blended one of fact and law. Therefore, a person who claims adverse

    possession should show a) on what date he came into possession, b)

    what was the nature of possession , c) whether the factum of

    possession was known to the other party, d) how long his possession

    continued and e) his possession was open and undisturbed.

    9. From the aforementioned discussion it transpires that a person

    should be peacefully, continuously and uninterruptedly in possession

    of a property against the rightful owner in spite of the owner having

    the knowledge of the same, for a continuous period of at least 12

    years. In the present case, the defendant club could only produce

    copy of applications and letters, the earliest of which bore the date

    24.08.1968 while the present lis has been instituted on 06.04.1971.

    10. Thus, the original plaintiff has instituted the suit within 3 years

    from the date of alleged misdeed of the defendant club, that is within

    the statutory period of limitation.

    11. The defendant club has failed to prove that they have been in

    peaceful continuous possession of the suit property in spite of the

    knowledge of the owner for a period of 12 years or more, while the
    22

    plaintiffs through the documents have been able to prove as regards

    to their ownership.

    12. This being the position both the substantial questions of law are

    decided in favour of the landlord/respondent.

    13. Thus, the appellant club has not been able to prove adverse

    possession by them in respect of the suit property.

    14. The judgment of the Hon’ble Apex Court passed in the case

    between Rajender Singh and Ors. Vs. Santa Singh and Ors. reported

    in (1973) 2 SCC 705 is not at all applicable in the present lis as

    because in the present lis the owner of the land that is the plaintiff

    had instituted the suit within 3 years from the date of alleged taking

    over of possession by the defendant club.

    Another judgment of the Hon’ble Apex Court passed in the case

    between Union of India Vs. Ibrahim Uddin and another reported in

    (2012) 8 SCC 148 is also not applicable in the facts and

    circumstances of this present case as because the plaintiff through

    the plaint has prayed for consequential reliefs apart from the

    declaration. As such there is no relief being not sought for by the

    plaintiffs.

    Another judgment of the Hon’ble Apex Court passed in the case

    between Ravinder Kaur Grewal and Ors. Vs. Manjit Kaur and Ors.

    reported in (2019) 8 SCC 729 is also not applicable in the facts and

    circumstances of this present case as because in the present lis the
    23

    plaintiff has instituted the suit within 3 years on the alleged misdeeds

    of the club. As such the law of limitation does not provide any

    hindrance in deciding the present lis in favour of the

    respondents/plaintiffs.

    Lastly the appellants have cited a judgment reported in (2024) SCC

    OnLine SC 132 which has been passed in the case between Vasantha

    (Dead) through L.R. Vs. Rajalakshmi alias Rajam (Dead) through L.Rs.

    The aforementioned authority cited on behalf of the appellant is of no

    help to the appellant club as because through the said judgment it

    has been mentioned that the purpose behind Section 34 of the

    Specific Relief Act is to prevent multiplicity of proceedings. In the

    present lis such occasion has not arisen as because the plaintiff has

    sought for consequential reliefs apart from declaration, so there is no

    relief remaining to be sought for by the respondents/ plaintiffs.

    So all the aforementioned judgments cited on behalf of the appellant

    club does not assist the club in any way whatsoever.

    15. From the aforementioned discussion this Court finds no

    anomaly in the decision of the Ld. Trial Court and the Ld. First

    Appellate Court as such the judgment of the Ld. Trial Court and the

    Ld. First Appellate Court does not require any interference.

    16. The appeal being SA 22 of 2023 stands thus dismissed

    accordingly CAN 1 of 2023 stands disposed of.

    24

    17. Parties shall be entitled to act on the basis of the server copy of

    the judgment and order placed on the official website of the Court.

    18. Urgent Xerox certified photo copies of this judgment, if applied

    for, be given to the parties upon compliance of the requisite

    formalities.

    (Supratim Bhattacharya, J.)



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