RAJBALLAVI MATA THAKURANI Vs. AJIT KUMAR BAKULI

JUDGEMENT

(1.) The plaintiff, Sri Rajballavi Mata Thakurani, represented by Shebait filed the present suit. The plaintiff's allegation is that the property in question appertaining to the plot No.3324 having an area of .39 decimals together with other lands was given to one Prosad Pandit, father of the defendant No.4, in lieu of wages for supplying fuel to the deity. Prosad had no interest of tenancy right in that land. In the R. S. Khatian the land has been erroneously recorded as Chakran Dakhalkar land of Prosad Pandit. On the footing of such erroneous entry, the rent of that property has been assessed under S. 41 of the West Bengal Estates Acquisition Act. On the basis of such wrong entry, the defendants Nos. 1 and 2 obtained some collusive kobalas from Prosad Pandit and ultimately dispossessed the plaintiff from the disputed land. The plaintiff submitted a 'B' Form and retained it. The suit is for recovery of khas possession of the disputed land on declaration of the plaintiff's title to the disputed land. A notice under S. 80 of the Civil Procedure Code was served on the State-defendant No.2.

(2.) The State Government has taken the defence that the notice under S. 80 of the Code of Civil Procedure was not valid in law. Defendant No.2 has stated that Prosad Pandit had a tenancy right in that property because the property is considered to be a Chakran, it was burdened with service. The plaintiff-deity had only an intermediary interest which vested in the State. Defendant No.1 purchased Prosad Pandit's interest and subsequently, sold the same to defendant No.2, who is in possession thereof.

(3.) The learned Munsif rejected the plaintiff's contention and dismissed the suit. The plaintiff preferred an appeal and was unsuccessful. Hence this appeal.