BHOLANATH CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated August 8, 1981 passed by the learned Additional District Judge, Second Court at Krishnanagar, District: Nadia in Title Appeal No. 13 of 1981 affirming the judgment and decree dated December 20, 1980 passed by the learned Munsif, Additional Court at Krishnanagar, District: Nadia in Title suit No. 116 of 1980.

(2.) On or about August 23, 1975 the plaintiff/appellant instituted the present suit for declaration of his title and permanent injunction alleging that the suit property originally belonged to Brindaban Chakraborty who executed a deed of gift in favour of the plaintiff in the year 1954. The possession was, also, delivered in favour of the plaintiff. Since the date of acceptance of the gift, the plaintiff is in possession of the suit property and in the recent survey operations his name was duly recorded in respect of the premises in suit and khatians were finally published. The plaintiff is paying rent to the Government up-to-date. However, the State initiated a proceeding under section 5A of the West Bengal Estates Acquisition Act, 1953 and the Revenue Officer held that the deed of gift was not bonafided. Although a Civil Rule was issued on an application under Article 226 of the Constitution of India, but the Civil Rule No. 198(W) of 1970 was discharged on July 9, 1973 without, however, prejudice to any other right of the plaintiff to challenge the proceeding in other forum. The suit was instituted after serving a notice dated August 30, 1974 under section 80 of the Code of Civil Procedure.

(3.) The State of West Bengal contested the suit by filing a written statement on October 5, 1977 and in the written statement it is alleged that the suit land had vested in the State and the plaintiff has no right, title interest over the suit properties.