DHIRENDRA CHANDRA KAR Vs. SK PANCHU ALIAS JAMAL

JUDGEMENT

(1.) These appeals have been preferred against the judgment passed by the Additional District Judge, Alipore in Title Appeal Nos. 92 & 93 of 1999 reversing the judgment passed by the Civil Judge, Senior Division in Title Suit No. 5 of 1993 and Title Suit No. 2 of 1995.

(2.) Both the suits and the appeals were heard analogously. Dhirendra Chandra Kar being the plaintiff filed Title Suit No. 5 of 1993 against the defendant Sk, Panchu and Others and Sk.Panchu filed Title Suit No. 2 of 1995 against the defendants. In the Title Suit No.5 of 1993 Dhirendra Chandra Kar prayed for partition of his share in the suit property. On the contrary Sk. Panchu filed the Title Suit No. 2 of 1995 praying for declaration and permanent injunction in respect of the entire suit property. It is the case of the parties that Dag No. 297 of Khatian No. 75 of Mouza Arakpur measuring about .03 decimals of land which was formerly Dag No. 176 and now 176/1 Prince Anwar Sha Road originally belonged to one Jiad AM Mondal. Sk. Panchu obtained .01 decimals of land of the suit property from Jiad Ali Mondal at an annual rent of Rs. 7I- only and Sk. Panchu in his turn also executed a kabuliyat in favour of Jiad Ali Mondal on 05.12.1945- Said patta was executed by Jiad Ali Mondal on 07.12.1945. After the settlement, Sk. Panchu started possessing the said .01 decimal of land of the suit property by way of making structures. Jiad Ali died leaving his son Manu Mondal who was at that time a minor and one daughter named kurni Bibi. The defendant.Sk. Panchu being the maternal uncle of Manu Mondal and Kurni Bibi, used to look after their affairs. After attaining majority, Manu Mondal got vacant possession of the four shop rooms and started business there.

(3.) It is the specific case of Sk. Panchu that after obtaining patta in respect of .01 decimal of land from Jiad Ali, he was in possession of the said land and subsequently he became the owner of that land by operation of law. It is the specific case of Sk. Panchu that when there was the great communal riot in Calcutta in the year 1950, Jiad Ali left or abandoned his.02 decimals of land in respect of the suit property and settled at Garia. Immediately thereafter in the month of February, 1950 Sk. Panchu took possession of the said .02 decimals of land and raised construction thereupon. It is his specific case that since then he was in continuous, uninterrupted peaceful possession and enjoyment of the entire .03 decimals of land. He has further claimed that his only daughter was married with defendant No. 2 Manu Mondal whom he kept in his house to look after his cycle repairing shop situated in the suit premises. According to Sk. Panchu.defendant No. 2 filed an Ejectment Suit against the defendant No. 1 D. C. kar. But ultimately said suit was withdrawn. He has alleged that both the defendants, in collusion and in conspiracy with each other have created sham, fictitious, false, illegal and collusive sale deed dated 22.06.1987 allegedly executed by the defendant Nos. 2 & 3 in favour of the defendant No. 1 in respect of the suit property. Sk. Panchu, by filing the suit, has claimed that he is the owner of the entire 03 decimals of land and as such he has prayed for declaration of his title and for permanent injunction.