MURARI GANGULY Vs. KANAILAL GARAL

JUDGEMENT

(1.) The suit being title suit No. 282/1974 for recovery of possession from trespassers, permanent and mandatory injunction and damages was decreed on contest with cost against the defendant Nos. 1 to 3 and ex parte without costs against the defendant No. 4.

(2.) One Jugal Kishore Ghosh was the owner of the disputed lands described in the schedule of the plaint measuring about 41 Decimals of area. The said land was duly retained by the said Jugal Kishore Ghose under Section 6(1) of West Bengal Estates Acquisition Act, 1953.

(3.) The said Jugal Kishore, a Hindu governed by the Dayabaga School of Law died intestate on 8th Agrahayan, 1376 B.S. leaving behind his widow Smt. Radha Bonodini Ghose and three daughters namely Smt. Panchubala Ghose, wife of late Sridhar Chandra Ghosh, Sm. Sandhya Rani Ghosh wife of Shri Gobardhan Ghosh and Sm. Anandamoyee Konar wife of late Bishnupada Konar as his heirs and legal representatives. After the death of the said Jugal Ghose, each of his aforesaid heirs became owners of undivided 1/4th share of the suit property.