JAGANNATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 17th February, 1995 and 24th February, 1995 respectively passed by learned Additional District Judge, First Court, Murshidabad in Title Appeal No.140 of 1994. By the impugned judgment learned First Appellate Court reversed the judgment and decree dated 17th May, 1994 and 24th May, 1994 respectively passed by learned Munsif, Lal Bagh decreeing the Title Suit No.37 of 1993.

(2.) The plaint case is that the appellant's / plaintiff's predecessor in interest, one Subinoy Ghosh took settlement of the suit property along with other properties from Sri Sri Lakshmi Narayan Deb Thakur through its sebait Soumendra Chandra Nandi at a rental of Rs.39 and 7 pie per year in the year 1359 B.S. Since then Subinoy Ghosh started to possess the same exclusively and he was also recognized as a tenant by the State of West Bengal by way of accepting rent and granting of 'dakhilas'. Later on Subinoy Ghosh had to file a Title Suit No.240 of 1959 in the Court of 2nd Munsif, 2nd Court, Berhampur, Murshidabad against one Dindar Mirza and others who tried to interfere with his possession in the suit property and other properties taking advantage of erroneous recording of those properties in their name in R.S.R.O.R.

(3.) The said suit ultimately ended in compromise admitting Subinoy's title over the suit property and other properties. Later on an objection under Section 44(2a) of West Bengal Estate Acquisition Act, 1953 was filed by the sebait, Soumendra Chandra Nandi. In case No.10 dated 06.09.1960 Revenue Officer rejected the said objection resulting filing of an appeal being No.1030 of 1960 under Section 44(3) of Estate Acquisition Act in the Tribunal. Learned Tribunal allowed the said appeal with the direction to cancel the name of Dindar Mirza in Khatian No.21 of Mouza Naginabag and to substitute the name of Soumendra Chandra Nandi as sebait of Sri Sri Sri Lakshmi Narayan Deb Thakur with a further direction to make necessary correction in sub-Khatian No.32 and 33 of the same Mouza. Said judgment was passed by Additional District Judge being Tribunal vide order dated 19.04.1962. While possessing the suit property Subinoy Ghosh transferred the same in favour of the plaintiffs by registered Kobala dated 13.12.1971 on receipt of valuable consideration and since then the plaintiffs were in possession of the same by constructing dwelling house thereupon and planting trees and by rearing fish in the pond and through cultivation. The plaintiff also paid rents to State as well as to the Municipality but on 20.04.1988 there was threatening from the side of the Government for dispossession of the plaintiffs therefrom alleging that suit land was recorded in R.S.R.O.R in the name of Sri Sri Lakshi Narayan Deb Thakur and the same was vested to the State. This prompted the appellants/plaintiffs to file said Title Suit. Respondent /defendant / State contested the said suit by filing written statement denying all material allegations and contending inter alia that there was no valid settlement in favour of Subinoy Ghosh and that rent receipts were granted without prejudice and that defendant/State was not a party in Title Suit No.240 of 1959 and that judgment thereof was not binding upon the State and that plaintiffs did not acquire any title from Subinoy Ghosh and the suit was liable to be dismissed.