KALIPADA TRIBEDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an Plaintiff's second appeal against a judgment of affirmance in a suit for declaration of title and for permanent injunction.

(2.) The suit property originally belong to Plaintiff's grandfather and after the death of the said grandfather property devolved upon the father of the Plaintiff, Purna Chandra Tribedi. Purna Chandra Tribedi during his life time settled 'kha' schedule land in favour of the Mangilal Mundra, the proforma Defendant No. 3, in 1947 corresponding to 1353.B.S. The said Puma Chandra tribedi died in the year 1951 and upon his death his properties including suit properties devolved, upon his two sons, Kalipada, the Plaintiff, and Shyamapada, the proforma Defendant No. 2. By. a document dated September 12, 1954, the ancestral properties were distributed between the two brothers by way of partition by metes and bounds and the suit properties described in 'ka' schedule and tenanted properties, namely, 'kha' schedule properties fell to the share of the Plaintiff. A proceeding purportedly under Sec. 5A of the West Bengal Estates Acquisition Act, 1953 was started and the Revenue Officer accepted that the settlement with the proforma Defendant No. 3 was bonafide , but held that the property was settled during the mischief period as when the draft record of right was prepared the name of the lessor was mentioned and only at the attestation stage the name of Mangilai Mundra, the proforma Defendant No. 3, was inserted. The order of the Revenue Officer has been exhibited as exhibits B and B1. In view of the findings in 5A Case Revenue Officer by Order No. 4 dated November 17, 1969, in B.R. Case No. 159 of 1969 -70 ordered for deducting 12.40 acres of khas Bold form the retained land of the Plaintiff. Consequently, 'ka' schedule land of 12.40 acres were allegedly treated as vested. An application under Article 226 of the Constitution of India was moved by the, Plaintiff when this Hon'ble Court issued a Rule, but ultimately on August 25, 1975, discharged the Rule, inter alia, with the observations that the said order of discharge of the Rule was without prejudiced to the right of the Plaintiff to agitate the questions involved in the said writ petition before any other forum. However, this Court directed the status quo as on August 25, 1975 should be maintained for a period of four months:

(3.) In the aforesaid background, on December 23, 1975, the present Title Suit No. 240 of 1975 was instituted in the court of the learned Munsif, First Court at Jangipur, District, Murshidabad for declaration of the Plaintiff's title and for permanent injunction.