PANCHUBALA DASSI Vs. MONMOTHO NATH MONDAL

JUDGEMENT

(1.) -This second appeal is directed against the judgment and decree dated 10.6.77 passed by the learned District Judge, Burdwan in T. A. No. 123/63. By the said judgment the learned District Judge set aside the judgment of the trial Court in Title Suit No. 135 of 1962, renumbered on transfer as Title Suit No. 395 of 1960.

(2.) The plaintiff, who is the present appellant, instituted a Title suit praying for a declaration of her title and recovery of possession with other reliefs in respect of three plots of land having a total area of 2.63 Acres in Khatian No. 119 in Mouza Chhoto Belun, J. L. No. 107 of Police Station and District Burdwan.

(3.) The plaintiff's case is that her father Sarat Majhi was the original owner in respect of the suit properties and his possession was duly recorded in the C. S. Record of Rights; that after the death of Sarat Majhi the plaintiff is the only legal heiress acquired the suit property; that in 1941 she sold the suit property to one Chintamoni Hazra and that on 2.8.58, she repurchased the suit property from Chintamoni Hazra and since then she was in possession of the same. But the defendants without any lawful right harvested the paddy from the suit land from 1.12.60. On enquiry, it was ascertained that the defendants illegally got their names recorded in the C.S. Record of Rights and dispossessed the plaintiff. Hence, the suit was filed.