SATYENDRA NATH Vs. KADAMBINI DEBNATH

JUDGEMENT

(1.) THIS second appeal under section 100 of the Code of Civil procedure, 1908 has been admitted for hearing on the following substantial questions of law: - -

(2.) HEARD learned senior counsel, Mr. D. Chakraborty, assisted by learned counsel, Mr. H. Laskar for the appellant. No representation on behalf of the respondent.

(3.) THE defendant contested the suit by filing written statement, inter alia, contending that he had been possessing the suit land from 01.01.1977, constructed his dwelling house on the suit land and living there without any interference from any corner. Radharani Nath managed to get the land allotted in her name keeping him in dark and thereafter sold it to the plaintiff fraudulently. He approached the D.M & Collector and the matter was enquired through the Sub -Divisional Magistrate, Dharmanagar(for short 'SDM, Dharmanagar') and SDM, Dharmanagar found the defendant in possession and it was also found on inquiry by the SDM, Dharmanagar that Radharani Nath got allotment without physical possession. The defendant, therefore, prayed for dismissal of the suit.