KIRAN BALA BISWAS Vs. PRADIP BISWAS

JUDGEMENT

(1.) Although, the matter is appearing under the heading 'for orders', by consent of Mr. Probal Mukherjee, learned advocate for the appellants, and Mr. Sourav Sen, learned advocate for the respondent nos. 2 to 11, I take up this appeal for hearing for final disposal.

(2.) This is an appeal by the defendants against an order of remand.

(3.) The suit was for declaration of title and for permanent injunction. One Bhadu Nath Biswas took settlement of thirty three (33) decimals of land from Shaktinagar Shaktimandir Co-operative Land Mortgage Bank and Housing Society Limited. He died intestate, inter alia, leaving behind him his five sons. Five sons entered into an amicable settlement by executing a registered deed of partition dated December 28, 1950. Co-sharers were allotted specific portions in the land in which their predecessors-in-title took the settlement. The plaintiffs were fishermen and as they were frequently roaming from places to places for pursuing their profession, inasmuch as the fishermen must follow the fish. The defendant no. 1, taking advantage of the absence of the plaintiffs, got his name recorded in the Revenue Settlement Record of Rights collusively. The recording was erroneous. Therefore, the plaintiffs filed a suit for declaration of title and for permanent injunction.