MATILAL BHOWMIK; CHANDRANI BHOWMIK; INDRANI BHOWMIK; DEBJANI BHOWMIK Vs. UTTAM GOSWAMI; SUMITRA GOSWAMI; KHOKAN GOSWAMI

JUDGEMENT

(1.) This regular second appeal was admitted on the following substantial question of law:-

(2.) Briefly stated, the facts of the case are that on 18-03- 1974 the original plaintiff Smti. Charu Bala Devi filed a suit against the original defendant Smti. Champabati Goswami and one Khokan Goswami. In the plaint, it was alleged that the plaintiff had purchased C.S. Plot No.1758 from Rani Jugal Kishori Devi and that this area of the land was purchased by the plaintiff of 1 kani & 2 gandas. According to the plaintiff, the original owner Rani Jugal Kishori Devi was in possession of the aforesaid area but the defendants, when the land was owned by Rani Jugal Kishori had forcibly and without any right, title or interest trespassed into a portion of this land, erected two thatched huts and this land was described as Schedule B land of the plaint. According to the plaintiff, the original owner had already issued a notice to the defendants to vacate the suit land but the defendants did not vacate the same and finally, Jugal Kishori Devi sold the entire land belonging to her to the plaintiff for a consideration of Rs.6,000/- vide registered sale deed executed on 07-12-1970. It is also the admitted case of the plaintiffs that at the time of execution of the sale deed, they got the possession of the entire suit land except the land which was under the huts constructed by the defendants.

(3.) This case was contested by the defendants who raised various pleas but for the purpose of this appeal reference may be made to only one plea that the defendants were in adverse possession of the entire suit land since the year 1961 and their adverse possession had matured into ownership and, therefore, they were the owners of this portion of the land.