PREMLATA BISWAS Vs. DEBDAS BISWAS

JUDGEMENT

(1.) DEBDAS Biswas and Bipradas Biswas filed a suit in 2004 against Smt. Premlata Biswas, Adhir Ranjan Haldar and Namita Haldar, inter alia, claiming for a declaration that the suit property comprised of 2.92 acres as fully described in the schedule should be declared as belonged to the plaintiffs with a corresponding prayer for demarcation of the land in question through a joint survey with the defendants. The defendants filed Written Statement denying the ownership as claimed by the plaintiffs over the land in question that became the subject matter of dispute.

(2.) IF we look back, we would find that Bilat Mondal, Rajab Ali Mondal, Kachhim Mondal, Ichhab Mondal, Taleb Mondal, Chiyam Mondal, Ahad Mondal, Majid Mondal and Phani Bibi were the owners of the land in question as per C.S. record. Majid, Phani, Chhiyam, Ichhab and Kachhim transferred their shares through oral sale in favour of Bilat Ali, Rajab Ali, Rakhal Mondal and Taleb Mondal. Accordingly, the transferees were duly recorded in R.S. records. The plaintiffs purchased the property from Taleb Ali, Sarbat Ali Biswas, Ilias Ali and Idris Ali Mondal. They purchased the share of Phani Bibi. Plaintiffs also purchased the share of Chhapinnechha Bibi and Rokina Khatun. The plaintiffs, thus, claimed ownership of the

(3.) PREMLATA however, claimed ownership of the share belonged to Kashem as PREMLATA purchased the property from the heirs of Majid and widow of Kashem. The plaintiffs, however, contended that the day PREMLATA acquired the share the heirs of Majid or Kashem did not have any interest in the property at all that could be transferred in favour of PREMLATA. Thus, she was not entitled to any share. As and by way of an alternative submission, PREMLATA could, at best, get title to the extent of 7-18th share.