BISHNUPADA KHATUA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs from the decree passed by the Additional District judge 1st Court, Midnapore affirming the decision of the learned Munsif 2nd court, Midnapore, by which he has dismissed a suit for declaration of title and further declaration that the entries in the R. S. Record in respect of 4. 62 acres of land appertaining to R. S. Khatian no. 30 and 303 of Mouja Chakoi, P. S. Narayangarh in the district of Midnapore are erroneous and not binding on the plaintiffs and for a permanent injunction restraining the respondent from interfering with the plaintiffs' possession of the suit land as described in the schedule to the plaint.

(2.) THE plaintiffs' case was that they inherited the suit land on the death of their father who died long before the r. S. operation when the plaintiffs were minors and had none to look after their affairs regarding the landed property. It was alleged in the plaint that the mother of the plaintiffs submitted B form retaining the suit lands which have all along been in possession of the plaintiffs from before the coming into operation of the estates Acquisition Act, 1953. In august, 1966 the local Tahasildar of the government refused to accept rent from the plaintiffs and disclosed that the suit lands were treated as vested lands of the State. Thereafter the plaintiffs submitted two separate B Forms on 26. 9. 1966 retaining the suit lands but even subsequent to such filing of B Forms the local tahasildar threatened to take possession of the suit lands on behalf of the Government. So the plaintiffs instituted the suit on 21. 11. 1969 after service of a valid notice under section 80 of the Code of civil Procedure.

(3.) THE defendant State of West Bengal filed written statement denying that the plaintiffs retained the suit lands and asserting that the suit lands vested in the State of West Bengal as the plaintiffs having intermediary interest therein did not retain the same. It has also been pleaded that the plaintiffs were not allowed to retain the suit lands on the basis of the B Forms submitted on 26. 9. 1966 as the Collector had already taken possession of such lands.