HIRENDRA NATH MONDAL Vs. RAJENDRA NATH SATPATHI

JUDGEMENT

(1.) THIS is anappeal from the judgment and decree passed by Sri A. N. Saha, Additional district Judge, 5th Court, Midnapore in title Appeal No. 172 of 1978 affirming the judgment and decree passed by Sri p. B. Ghosh, Munsif, 2nd Court, Tamluk dated 20. 3. 78 in Title Suit No. 85 of 1972, decreeing the suit in favour of the plaintiffs declaring that the plaintiffs have right, title and interest and khas possession over the suit lands and restraining the defendants by permanent injunction from interfering with the peaceful possession of the plaintiffs over the lands in suit.

(2.) THE plaintiffs' case is that they inherited the suit lands from their father since his death in 1358 B. S. and possessed the suit lands in khas. Gangadhar, father of the defendants, was the Bargadar of the Ka schedule properties and used to cultivate it in Bhag system. The plaintiffs used to cultivate Kha and Ga schedule properties in khas. Gangadhar died on 5. 2. 56. Plaintiffs, after his death, regained khas possession of the Ka schedule properties as a whole bringing thereby all the properties Ka, Kha and ga schedule, under their khas possession.

(3.) THE defendants claimed Barga right in respect of the suit properties and as they claimed that they were the Bargadars, the plaintiffs filed the suit for the declaration of their right, title and possession as stated hereinbefore. The defendants' case is that they were the share croppers upto 1377 B. S. and no receipts were there because there was no system of giving such receipts. The defendants claimed receipts, plaintiffs refused to grant the same. Then the defendants kept their share of paddy after intimation to the plaintiffs, but the plaintiffs did not turn up where the paddy was stacked by the defendants. The matter was referred to the Bhagchas Officer and he ordered that the petitioner may file the Bhagchas case, but the plaintiffs, instead of proceeding with that case, filed this suit.