KHINTI KARJEE Vs. PRATIN THAKUR

JUDGEMENT

(1.) The present revision has been preferred against the impugned judgment and order dtd. 28/7/2022 passed by the learned Additional District & Sessions Judge, Fast Track Court-I, Alipurduar in Criminal Motion No. 21 of 2021 affirming the order dtd. 31/3/2021 passed by the learned Judicial Magistrate, 2nd Court, Alipurduar in connection with C.R. Case No. 238/2019, C.N.R. No. WBJP06-001776-2019, CIS 5 of 2019.

(2.) The petitioner's case is that one Mauriya Mech (Thakur) was the original owner of the land measuring 30 bighas which is situated at Mouza-Uttar Mendabari, under P.S. Kalchini, District-Alipurduar and the said Mauriya Mech (Thakur) died in the year 1989 leaving behind 3 daughter namely 1) Mojari Thakur, 2) Shanti Champramary, 3) Khinti Karjee (the petitioner herein) as legal heirs and successors. The said Majari Thakur subsequently died. The said Shanti Champramary and Khinti Karjee are alive.

(3.) That during the lifetime of said Mauriya Mech (Thakur), he transferred the 2.59 acre quantity of land under Khatian No. 346, J.L. No. 09, Plot No. 1335, 1329, 1336 and 1338/1455 in Mouza Uttar Mendabari, P.S. Kalchini, District-Alipurduar in favour of the petitioner who is the daughter of said Mauriya Mech (Thakur) through a registered sale deed vide Deed No. 365 of 1986, dtd. 17/1/1986 and since then the petitioner is enjoying the said land.