BINA BASAK Vs. SRI BIPUL KANTI BASAK

JUDGEMENT

(1.) This matter pertains to right to title and possession of a property that was allotted by the Relief and Rehabilitation Department of Government of West Bengal to a family which had come to Siliguri from the then East Pakistan in 1950. Before moving forward with the facts of the case, it is imperative for us to mention that such rehabilitation programmes are introduced by the government with the sole aim of re-establishment of the displaced/ migrant families and not for the benefit of any individual. As a part of such welfare policies, the property is usually recorded in the name of one family member for the purpose of convenience even though the ensuing welfare is meant to be enjoyed by the all the family members equally. However unfortunately, in the instant case greed got better of the de facto head of the family who has been claiming herself as the absolute owner of the property.

(2.) This appeal assails the correctness of the judgment and order dtd. 18/12/2013 passed by the Calcutta High Court dismissing the Second Appeal No.518 of 2008 filed by the appellants herein confirming the judgment and decree of the First Appellate Court dtd. 11/4/2003 whereby it had reversed the judgment and decree of the Trial Court dtd. 16/9/1999 dismissing the suit of the present respondents and allowing the counter claim filed by the present appellants in Original Civil Suit No.16 of 1983.

(3.) Brief facts giving rise to the present appeal are summarized hereunder: