BULU SAHA Vs. BHARATI BISWAS

JUDGEMENT

(1.) This Court has heard the Learned Advocates for the respective parties.

(2.) The plaintiff/respondent No. 1 filed a suit against the defendants and the proforma-respondent No. 2 for recovery of khas possession of the suit property by evicting the defendants from the said property. The plaintiff's case was that the plaintiff had purchased the suit property from one Mritunjoy Biswas by a registered deed of sale dated 05.07.1991; originally, one Satkari Biswas was the owner of the suit property and his name was recorded in the C.S. and R.S. records of right; the defendants do not have any right, title in the suit property and they dispossessed the plaintiff from the suit property on 06.02.1991 and, thereafter, the plaintiff requested the defendants to vacate the suit property but the defendants refused to do so and the plaintiff had to file the suit for declaration of title in respect of the suit property and also for recovery of khas possession of the same by evicting the defendants therefrom.

(3.) The defendants contested the said suit by filing written statement and denying the material allegations made in the plaint. The defendants alleged that the suit is not maintainable; that Satkari Biswas was the original owner of the suit property and he died leaving behind his 4 sons and 4 daughters and his widow and all such heirs and legal representatives of Satkari Biswas inherited the suit property; the defendants have been possessing the suit property from 18th November, 1985 under permission from one Ajoy Kumar Biswas (son of Satkari Biswas) and that the suit should be dismissed. It may be stated here that Mritunjoy Biswas, as aforesaid, is also one of the sons of late Satkari Biswas.