GOURI SANKAR CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Second Appeal is directed against judgment and decree dated 30th March, 1983 passed by learned Additional District Judge, Rampurhat, Birbhum in Title Appeal No.384 of 1981 thereby setting aside the judgment and decree dated 21st of 1981 passed by learned Munsif, 1st Court, Rampurhat in Title Suit No.121 of 1978 renumbered as Title Suit No.161 of 1981.

(2.) THE appellant plaintiff"s case, in short, is that the suit plots constituting the tank fishery originally belonged to zamindars Pashupati Chakraborty, Kamalapati Chakraborty and Ramapati Chakraborty. In 1357 B.S. said zamindars settled the suit tank fishery with Umarani Devi subject to payment of an annual rent of one anna, one gonda and four pie and delivered possession to the tenant. Plaintiffs purchased said tank fishery being suit property from Umarani Devi by a registered "Kobala" dated 16th of January, 1962 and since then they were in possession of the same. In the revisional settlement, the suit property was wrongly recorded in the name of former zamindars. In view of said erroneous recording the State Government has been threatening the plaintiffs with dispossession from the suit property for settlement of the same with third parties.

(3.) ON the basis of the pleadings of the parties learned Trial Court framed several issues and came to the conclusion that plaintiffs got title over suit property from Umarani Devi who took settlement of the same from erstwhile zamindars and that erstwhile zamindars retained the suit plots by submitting return and that the defendant State had no authority to interfere with peaceful possession of the plaintiffs in suit plots. Accordingly, he passed a decree in favour of the plaintiffs.