CHANDRA MOHAN JANA Vs. ARJUN CHANDRA JANA

JUDGEMENT

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

(2.) The facts of the case, briefly, are as follows:

(3.) The Plaintiffs' case was, inter alia, that the kha schedule property to the plaint comprising of plot Nos. 488, 490, 667 and 694, Khatian No. 78 measuring 35 decimals at Tamluk originally belonged to one Adwaita Kumar Jana and after Adwaita's death his sons, Iswar and Balaram, inherited the properties having 8 annas share each. On Iswar's death his son Satyeswar inherited Iswar's share and on Balaram's death his minor son Nagendra inherited Balaram's share. Kunjabala, Nagendra's mother, sold Nagendra's 8 annas share to Ram Chandra Jana, the father of the Plaintiffs, by a registered deed dated 17.9.1919. Ram Chandra died in 1350 BS leaving behind the Plaintiffs as his heirs. Satyeswar who had 8 annas share in the suit property sold 2 decimals of land in plot No. 694 to Plaintiff No. 2 on 6.2.1967, 5 1/2 decimals of land in plot No. 667 to Defendants 5 and 6 in 1969 and 5 decimals of land in plot No. 488 to Defendant No. 4 in 1970. On Satyeswar's death his heirs and legal representatives sold his share in plot No. 490 to Defendant Nos. 2 and 3. Plaintiffs' case was that the Defendant Nos. 1 to 3 have no right, title and interest in Ka schedule property and that the Defendant Nos. 2 and 3 are sons of Defendant No. 1. Plaintiffs' further case was that the Defendant No. 1's name has been erroneously recorded in the R.S. record-of-right showing that the Defendant No. 1 has 4 annas share in kha schedule property and on the basis of such erroneous entry the Defendants are denying Plaintiffs' title and threatened the Plaintiffs with dispossession.