JAGANNATH PRASAD Vs. GOTI UNAI

JUDGEMENT

(1.) THE plaintiff's case is that the disputed land appertains to the plot no. 386 of Mouza Atpur, 2-1 /2 cottahs of land appertaining to that plot was taken settlement of by him from the landlords, Haramohan Ghosh and others, on the 8th Sravan, 1361 B. S. One Nader Ali Mian held 1-1/2 cottahs of land to the adjacent north of his plot. The defendant acquired that property by purchase. On the 20th April, 1955, the defendant trespassed into the disputed land having at area of 30' x 7-1\2' noted in the schedule to the plaint, dispossessed him by constructing one hut and put up fencing thereon. The suit is for recovery of khas possession of the land on declaration of the plaintiff's title thereto.

(2.) THE defendant has filed a written statement denying the plaintiff's allegations. It has been alleged inter alia that Hara Mohan Ghosh and others had no right to make such settlement in the plaintiff's favour. The disputed land appertains to his plot and not to the plaintiff's land. He has acquired title to the disputed land by adverse possession.

(3.) PREVIOUSLY the suit was dismissed. There was an appeal by the plaintiff and the suit was sent back on remand. After the order of remand, there was a local investigation. The Pleader Commissioner reported in the plaintiff's favour stating that the major portion of the disputed land appertained to the plaintiff's plot, that report was accepted and the suit decreed in part. An appeal was filed and the defendant lost the same. Hence the second appeal.