KASEM ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This second appeal arising out of an appellate decree affirming the Trial Court decree. Shorn of details, the plaintiff alleged that the suit property previously belonged to one Zamindar named Annandya Prasanya Mukhopadhya (hereinafter referred to as 'Annandya'). This Zamindar was in possession of the suit property. He gave a "jamabandobosto" in favour of one Warish Mondal who is the grandfather of the plaintiff who paid taxes to the Zamindar. It is alleged that the State of West Bengal is trying to disturb the peaceful possession of the suit property by the plaintiff. In view thereof the plaintiff filed a suit for declaration and permanent injunction.

(2.) The defendant has entered their appearance and filed a written statement. The defendant contested the suit.

(3.) Along with the copy of the previous judgments, it has been discovered that Alikadar Mondal has been examined as PW-1, Akram Mondal as PW-2, and certified copy of Kabuliyatnama dtd. 21/5/1907 as Exhibit-1, certified copy of E.A. Act as Exhibit-2, 11 rent receipts as Exhibit-3 and notice and A/D card as Exhibit-4. Following the same, BL and LRO have been examined as DW-1 and Settlement record marked as Exhibit-A.