SANATAN HAZRA Vs. SANKAR NARAYAN MAL

JUDGEMENT

(1.) By filing the instant appeal, the appellant has assailed the judgment and decree dated August 28, 2006 passed by learned Civil Judge (Senior Division), Tamluk in Title Appeal No. 34 of 2003 arising out of judgment and decree dated May 13, 2003 passed by learned First Civil Judge (Junior Division), Tamluk in Title Suit No. 157 of 1999.

(2.) It was the case of the plaintiff/appellant that the suit properties were under occupation of one Patit Paban Hazra. The said Patit Paban Hazra was a landless person and was in possession of the suit properties from before 1975. The said land, being in occupation of the said Patit Paban Hazra, vested into the State in terms of the provisions of West Bengal Acquisition Of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975.

(3.) Upon such vesting, the suit properties were settled in favour of Patit Paban Hazra by the competent authorities under the said Act of 1975. During such possession of the suit properties, Patit Paban Hazra died. The plaintiffs/appellants being legal heirs of Patit Paban Hazra inherited the suit properties and have possessed the same to the knowledge of all concerned.