SACHIN GHOSH Vs. NIRANJAN CHANDRA GHOSH

JUDGEMENT

(1.) - This second appeal has been preferred challenging the judgment and decree dated 30.9.1997 and 06.11.1997 respectively passed by the learned Civil Judge, Senior Division, Jangipur in Title Appeal No. 25 of 1993 reversing the judgment and decree dated 10.3.1993 and 18.3.1993 respectively passed by the learned Munsif, 1st Court, Jangipur in Title Suit No. 61 of 1986.

(2.) This second appeal originates from a suit for declaration and permanent injunction. The case as has been made out by the plaintiffs in the plaint is inter alia as follows:

(3.) The suit property belongs to them and they are in possession of the same. Originally Raghunath Ghosh alias Srikanta Ghosh and his wife Smt. Jogomaya Devi used to possess the suit property. During revisional settlement the name of Srikanta Ghosh, husband of Smt. Jogomaya Devi was recorded and in final publication also the same appeared. It has been stated that Srikanta Ghosh and his wife took settlement of plot No. 931 from the then Zamindar Purna Chandra Chattopadhyay and plot No. 1106 from the then Zamindar Bindu Basani Devi respectively. After their death Dharani, Binod and Joyram Ghosh inherited the same. Ultimately on the death of above three persons the suit property developed on Niranjan Chandra Ghosh and others. The said Niranjan Chandra Ghosh & others (respondents herein) used to possess the property and started enjoying the usufructs and those respondents even use to enjoy the mango of the trees of plot No. 931. According to the plaintiffs, (respondents herein) they have been enjoying the suit plot for more than 12 years.