HARIPADA MALIK Vs. BIRENDRA NATH MALIK

JUDGEMENT

(1.) Defendants in a suit for declaration and permanent injunction are the appellants before this court challenging the concurrent finding of fact by the trial court as well as the First Appellate Court.

(2.) For proper adjudication of the instant appeal, the following facts are required to be put on record:

(3.) The respondents as plaintiffs filed a suit for declaration and permanent injunction against the defendants stating, inter alia, that they purchased 2.79 decimal of land in khatian No.24 by auction purchase from Tamluk Central Co-operative Bank by two sale deeds and also from defendants No.2, 3, 5 and 9 by seven sale deeds. Thus, the plaintiffs became the owners of 2 anas, 16 gondas, 2 karas and 2 kranties share in the said khatian No.24. However, in RS Record of Rights plaintiff's names were recorded in respect of only 2 anas, 1 gonda and 1 kara land erroneously and the remaining share of land was not recorded in their names. The remaining share of land is the subject matter of the suit. It was also pleaded by the plaintiffs that the names of defendant No.1 was wrongly recorded as a bargadar in respect of plot No.117. On the strength of such erroneous entry, the defendants were trying to create disturbance on the plaintiff's lawful possession over the suit property. Therefore, the plaintiffs filed the suit for declaration of their title and permanent injunction restraining the defendants from causing any disturbance in the matter of peaceful enjoyment of the suit property by the plaintiffs.