LALSA THAKUR Vs. PRADIP SINGH

JUDGEMENT

(1.) This second appeal has come up for admission. Mr. Bhaskar Ghosh, learned senior counsel appearing for the appellant, submits that the appeal is required to be admitted on the ground that both the courts below on misconception and misreading of materials on record along with Sec. 3A of the West Bengal Land Reforms Act, 1955 arrived at a wrong finding.

(2.) The second appeal is arising out of the appellate judgement and decree dtd. 27/5/2019 passed by learned Additional District Judge, 5th Court, Paschim Medinipur, in Title Appeal No. 130 of 2010 affirming the judgement and decree dtd. 20/9/2010 passed by learned Civil Judge (Junior Division), 1st Court Paschim Medinipur, in Title Suit No. 136 of 1995.

(3.) The plaintiff has filed a suit for declaration and injunction. The plaintiff alleged that the suit property consists of two plots, previously belonged to one Balai Singh. At the relevant point of time, the suit land was barren land. The plaintiff's father-in-law Jang Bahadur Thakur at the relevant time was dealing with dairy business in Midnapore town and in search of a suitable place in Midnapore town for doing the said business in 1965 he approached Balai Singh for getting the suit land on lease. At the instruction of Balai Singh, the plaintiff's father-in-law levelled the suit land and removed the bushes.