PHANINDRA NATH SARDAR Vs. BUDHISWAR PODDAR

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties and has considered the relevant materials on record.

(2.) The facts of the case, briefly, are as follows:

(3.) The plaintiffs/appellants filed a suit being title suit No. 54 of 1985 against the defendants/respondents and such suit was placed for hearing before the learned Second Munsif, Baruipore. The plaintiffs' case was that 30 decimals of land being hal plot No. 490 of Mouza Ghasiara P.S. Sonarpur was recorded in the name of one Hriday Naskar to the extent of 8 annas share and in the balance of 8 annas share the names of Satish and Haran, 4 annas each, were recorded. The plaintiffs' case was that Hriday's 8 annas share was purchased by one Jadunath Sardar through auction sale held on 22.10.1925 in connection with a certain title execution case of the Court of learned First Munsif, Baruipore and the said Jadunath Sardar obtained physical possession of the purchased property. The plaintiffs' case was that the said Jadunath Sardar on 18.01.1928 purchased the share of the said Satish and Haran Naskar by registered deed of conveyance and, thus, the said Jadunath Sardar became the exclusive owner of the said 30 decimals of land. The plaintiffs' further case was that the suit property was erroneously recorded in the name of Hriday and others as the said Jadunath Sardar could not remain present at the time of district settlement operation and such erroneously prepared record-of-right has been finally published. According to the plaintiffs, the suit property was again erroneously recorded in the name of Sitanath Poddar and others at the time of R.S. settlement operation and, according to the plaintiffs, the records of right have been also erroneously prepared subsequently. The plaintiffs' case was that the said Jadunath Sardar died and his son Dhanapati also died leaving behind his two sons, that is, Prasanna and Gajendra, who made an amicable partition and occupied their respective allotments and, thus Gajendra became exclusive owner of the suit property and started possessing the same.