SRI AMARENDRA KUMAR BHATTACHARJEE Vs. REKHA BHATTACHARJEE

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree dated 28th November, 1995 passed by learned Additional District Judge, 4th Court at Krishnanagar, District Nadia in Title Appeal No.140 of 1993 affirming the judgment and decree dated 18th March, 1993 passed by learned Munsif, 2nd Court at Krishnanagar District Nadia in Title Suit No.61 of 1990.

(2.) THE respondents filed said suit being Title Suit No.61 of 1990 alleging that their predecessor-in-interest namely Nitendra Kumar Bhattacharjee was resident of Shukhari village under Maiman Singha District, East Pakistan and came to India in 1947 after partition and purchased the suit property in C. S. Khatian No.40, Plot No.500 measuring 1.05 decimals and other non-suit property from Panchanan Singha Roy being guardian of owner minors Apurba Kumar Singha Roy and Amar Nath Singha Roy by a registered Kobala dated 16th December, 1947. Nitendra Kumar Bhattarcharjee took loan from Government of West Bengal under a scheme of giving loan to the refugees by mortgaging the suit property and other properties. As Nitendra was a railway employee, he entrusted his cousin brother-in-law Sunil Kumar Bhattacharjee to record the name of Nitendra in R. S. record of right. Nitendra died on 18th of May, 1985. THEreafter, Sunil Bhattacharjee prevented plaintiffs to possess the suit property and tried to record name of one Hare Krishna Dey as a Bargadar. A case was filed in the High Court on that score. Plaintiffs all along possessed the suit property by cultivation through hired labourers. On the strength of erroneous and baseless record of rights, the defendants tried to dispossess the plaintiff from the suit property. Hence was the suit.

(3.) THE substantial question of law involving in this case is as to whether learned Lower Courts substantially erred in law by overlooking the overall impact of the records of rights prepared under West Bengal Estate Acquisition Act and thereafter under West Bengal Land Reforms Act vis--vis various transactions made by legal heirs of Purna Chandra, Jatindra and even the respondent/plaintiffs relating to bata plots of original C.S. plot No.500.