STATE OF WEST BENGAL Vs. BIRENDRA NATH SARKAR

JUDGEMENT

(1.) 1. This second appeal is directed against the judgement and decree dated 12.8.77 passed by the learned Additional District Judge, Balurghat, West Dinajpur in Title Appeal No. 63/1976 affirming the judgement and decree dated 9.4.1976 passed by the learned Munsif, Balurghat in Title Suit No. 92/1973.

(2.) The plaintiff Birendra Nath Sarkar filed a Title Suit being T.S. No. 92/73 praying for declaration of his title in respect of the lands described in 'A' Schedule as well as 'B' Schedule of the plaint, for permanent injunction and other reliefs. The plaintiffs case in brief is that the owner of the suit plots was one Kader Bux Mondal who settled the suit plots along with other lands to his sons Abdul Hadi and Abdul Hakim and in the RS records-of-right their names were duly recorded. Thereafter, on the basis of two separate sale deeds executed and registered on 4.3.58, the recorded owners sold the suit property to the present plaintiff and also to Arati Rani Sarkar, and subsequently Arati Rani Sarkar sold her purchased property to the plaintiff on the basis of another sale deed dated 22.1.62. The plaintiff started possessing the purchased property in khas, but suddenly the respondent, the State of West Bengal tried to dispossess him from the said lands alleging that those were vested lands. Hence, the plaintiff prayed for declaration of his title and also for permanent injunction restraining the State of West Bengal from disturbing his peaceful possession in the suit lands.

(3.) The State Government contested the suit by filing a written statement alleging inter alia that the lands were wrongly recorded in the names of Abdul Hadi and Abdul Hakim in the RS record-of-rights and that their names were struck off on the basis of a proceeding under section 44(2a) of the West Bengal Estates Acquisition Act and thereafter the name of the original intermediary Kader Bux Mondal was recorded and on its basis, it was found that the suit lands cannot be held by Kader Bux Mondal being held in excess and accordingly, an order was passed for vesting. So, the State Government prayed for dismissal of the suit.