ANANTALAL PRAMANICK Vs. SOUMENDRA MOHAN SARKAR

JUDGEMENT

(1.) This is an appeal by the plaintiff from a judgment of reversal in a suit for declaration of title, recovery of possession and mesne profits. The facts which are not in dispute are these. The defendants held the suit land in plot Nos. 87 and 114 of mouja Kalikapur as under raiyats and they settled such land with the plaintiff for four years from Baisakh 1360 B. S. to Chaitra 1363 B.S. at an annual rent of Rs. 41] - by accepting a registered kabuliyat dated 27th Chaitra 1359 B. S. (10.4.1953). According to the said kabulyat the temporary settlement was taken by the plaintiff for the purpose of cultivating the underlying vacant land of the garden in the suit plots measuring 2.73 acre and the plaintiff had no right to the timber or fruits of the trees therein.

(2.) The plaintiff's case is that while he was in possession of the suit land by cultivation the superior interest of the defendants vested in the State of West, Bengal on 1st Baisakh 1363 B. S. under the provisions of the West Bengal Estares Acquisition Act 1953, that he continued 10 possess the suit land after expiry of the term of the registered kabulyat as a tenant under the State and paid rent to the State that the defendants wrongfully dispossessed the plaintiff from the suit land by cutting chaitali paddy crop grown by the plaintiff on 19th Chaitra 1366 B. S. and that the plaintiff instituted Title Suit No. 114 of 1960 under Sec. 9 of the Specific Relief Act for recovery of possession of the suit land but it was dismissed,

(3.) The defendants pleaded in the written statement, inter alia, that the defendants took possession of the suit land in Baisakh 1364 B. S. after the expiry of the term of the registered lease in favour' of the plaintiff, that the plaintiff never possessed the suit land after Chaitra 1363 B. S. that the suit land did not vest in the State and has been retained by the defendants who have been in possession of the suit land by cultivation through different cultivators and on payment of rent to the State and municipal taxes as the suit land constitutes a holding within Berhampur Municipality.