ASHA ROY ALIAS GOURI ROY Vs. BINAPANI BASAK

JUDGEMENT

(1.) This court has heard the Learned Advocates for the respective parties. The facts of the case, very briefly, are as follows:

(2.) The defendants contested the said suit by filing a written statement denying the material allegations made in the plaint and contended inter alia that the said Bela Rani was the original owner of the said plot No. 408 comprising an area of 25 decimals of land and the said Bela Rani Biswas died sometime in March, 1995 leaving behind her only daughter Smt. Suchitra Sarkar. The said Bela Rani Biswas died in her own residential dwelling house and her daughter Suchitra Sarkar also died in the self-same property leaving behind her only daughter i.e. the defendant No. 1. The defendant No. 2 is the husband of the defendant No. 1. That on the death of Suchitra Sarkar the defendant No. 1 has been residing in the suit property along with her husband and family and the defendants have been in long possession of the suit property by paying land revenue to the State Government. According to the defendants an Objection Case No. 135 under Section 51A(1) of the West Bengal Land Reforms Act, 1955 was filed by the plaintiff before the Settlement Circle Office, Santipur, Nadia in respect of such 10 decimals of land in Plot No. 408 but the said objection was disallowed by the authority concerned as the plaintiff failed to produce the relevant documents before the authority concerned. The defendants further alleged that the original construction was made by Bela Rani Biswas which comprised of one big tile shed with verandah on two sides along with courtyard and shed for the shelter of cows. The said Bela Rani Biswas, according to the defendants, also installed one tubewell. The plaintiff subsequently filed an application before the B.L. & L.R.O., Shantipur, Nadia under Section 50 of the West Bengal Land Reforms Act, 1955 in respect of the said 10 decimals of the land but the said application was also disallowed. The defendants alleged that the name of Bela Rani Biswas was recorded in the R.S. Records of right and also in the Hal L.R. R.O.R. The defendants prayed for dismissal of the suit.

(3.) The said suit came up for final hearing when evidence was adduced on behalf of the respective parties. The Learned Trial Court by judgement and decree dated 6th April, 2004 dismissed the said suit on contest without costs. The Learned Trial Court found inter alia that from the oral evidence it will appear that it was never proved that the plaintiff was ever in possession of the suit property and the plaintiff has failed to prove that there was any cause of action to file the said suit. The Learned Trial Court further found that the plaintiffs also could not produce rebuttal evidence against the documents of possession especially the finally published R.S. and L.R. Record of Right. Accordingly, the Learned Trial Court dismissed the said suit.