NAZRUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dtd. 13/9/2016 passed by learned Additional District Judge, 4thCourt, Burdwan in Title Appeal No. 3 of 2015, remanding the suit being Title Suit No. 91 of 2010 to the learned Trial Court after allowing the prayer of the petitioner under Order 1 Rule 10 (2) of the Code of Civil Procedure with a direction upon learned Trial Court to grant opportunity to the parties to the suit to put their respective claims and to pass judgement afresh.

(2.) For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

(3.) Briefly stated, the plaintiff, Sk. Nazrul Hoque filed the suit for declaration of title and permanent injunction against the State of West Bengal represented by Collector, Burdwan and the Block Land and Land Reforms Officer, Burdwan stating, inter alia, that the suit property was originally owned by Beni Madhab Bhakat and after his demise his legal heirs and successors stepped into his shoes and by registered deed of partition dtd. 4/5/1926 got the property partitioned and Sukdev Prosad Bhakat acquired the property in suit and after his demise his son Kedarnath Bhakat acquired the property by inheritance. Kedarnath Bhakat was survived by his three sons namely, Suraj Kumar Bhakat, Mohan Kumar Bhakat and Ramesh Kumar Bhakat having 1/3 share each in the suit property. They transferred 1/3 share in the suit property in favour of the plaintiff by a registered deed of sale dtd. 6/11/1991 and on 14/11/1997, they transferred remaining 2/3 share of the property in favour of the plaintiff and thus the plaintiff acquired absolute title in respect of the suit property. He has been possessing the same by mutating his name in the revenue record of rights. But in the L.R.R.O.R. the plaintiff has been depicted as 'permissive possessor'. Upon enquiry the plaintiff came to know about deed of endowment in respect of the above properties in suit in favour of Shri Shri Shyam Behari Ji and Shri Shri Sukheswar Nath Mahadev Ji by Sukdev Bhakat, Oudh Behari Bhakat and Sankar Dayal Bhakat. Upon enquiry it is further found that Krishna Mohan Bhakat, one of the successors-in-interest of Sankar Dayal Bhakat filed the suit being Civil Suit No. 255 of 1955 before the learned Court of Munsif, Balia, West, Uttar Pradesh with regard to the said deed of Arpannama. The suit was however, dismissed. Sankar Dayal Bhakat and others preferred an appeal being Title Appeal No. 130 of 1957 before the learned Additional District Judge, Balia. The said appeal was dismissed with the finding that deed of endowment was not acted upon. Therefore, the application for mutation was also not entertained by the competent authority.