AJIT KUMAR DAS Vs. HARIPADA SAMANTA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree passed by the 5th Court of the additional District Judge at Midnapore in Title Appeal no. 77 of 1978.

(2.) THE plaintiffs filed the suit for a declaration of title, for a further declaration that the defendant has none, for recovery of possession, confirmation and injunction.

(3.) THE plaint case is that the suit property belonged to Sibu Samanta Sibu samanta married one Sajoni who left her matrimonial home. Thereafter, Sibu married one Niroda and a daughter Kironbala by name was horn out of the wedlock. Niroda inherited the property of her husband. On the death of Sibu, Sajoni came back with an illeg. itimate child Haripada by name. By a village salish the property was partitioned. The 'kha' schedule property was allotted to Niroda and since then Niroda as possessing the said property. Nirodabala was married to one Rohanikanta Das who used to live in his father in law's house. Niroda sold 'kha' schedule properties to Rajoni on 15. 1. 43 and delivered possession to the purchaser. Rajoni possessed the property and in revisional record of right his name has been recorded. On. the death of Rajoni the plaintiff 1 to 7 has inherited the property. The defendanat had been threaening to disposses the plaintiffs. So, the suit was filed. Haripada was granted licence to live in the disputed 'kha' schedule property and the licence has since been revoked. Thereafter, the suit has been filed. The defendant challenged all the allegations in the plaint. He asserts that he is a legitimate son of Sibu and Sajoni. By an amicable arrangement between Sajoni and Niroda the former got Kha schedule property. The Kobala by Niroda in favour of Rajani is collusive.