BACHHAJ NAHAR Vs. NILIMA MANDAL

JUDGEMENT

(1.) Leave granted. Heard the learned Counsel. For convenience, the parties will be referred to also by their ranks in the suit.

(2.) Respondents 1 and 2 (plaintiffs) filed a suit for declaration, possession and injunction (Title suit No. 133/1982 on the file of Sadar Munsiff, Purnia) against the appellant (first defendant) and Sujash Kumar Ghosh (second defendant) in regard to the suit property. The suit property is a strip of land measuring East to West: 72 feet and North to South : 1 3" on the Western side and 10" on the Eastern side described in Schedule B to the plaint. Plaintiffs claimed that the suit property was a part of the A schedule property purchased by them under sale deed dated 29.12.1962. The reliefs sought in the said suit were:

(3.) The first defendant resisted the suit contending that he had purchased the property to the South of plaintiff s property from second defendant under sale deed dated 5.5.1982 and the suit property actually formed part of his property. He contended that the plaintiffs had no right, title or interest in the suit property.