KALYAN KUMAR BERA Vs. MILAN KUMAR KHUTIA

JUDGEMENT

(1.) Judgment and decree dtd. 27/4/2016 passed by the learned Civil Judge, Senior Division, First Court at Contai, Purba Medinipur, whereby the suit was dismissed, has been impugned in this instant appeal.

(2.) Capsulated form of the facts leading to filing this appeal is that plaintiff filed one suit for recovery of khas possession after evicting the trespassers as well as for mandatory injunction.

(3.) Facts projected in the plaint are that one Bhanu Charan Jana happened to be the owner and possessor of the suit property. Mr. Jana transferred the suit property to the plaintiff by virtue of a registered deed of sale being no. 6589 which was executed and registered on 14/9/2010 and 15/9/2010 respectively. The suit property was recorded in his name in L.R.R-O-R under khatian no.1251 and the L.R.R-O-R was finally published. It was claimed that the defendants, who belonged to a political party, illegally and forcibly trespassed into the suit property and illegally constructed one room having asbestos shed thereon on 10/4/2014 and thereby dispossessed the plaintiff from that property and now, they are denying the title of the plaintiff over the suit property and hence, this suit.