MANORANJAN DAS Vs. BISHNUPADA BHATTACHARYA

JUDGEMENT

(1.) This Second Appeal has been preferred challenging the judgment and decree dated 28.2.1979 passed by the learned Subordinate Judge VIIIth Court at Alipore in Title Appeal No. 168 of 1978 affirming the judgment and decree dated 27.01.1978 passed by the learned Munsif, 1st Court at Baruipur in Title Suit No. 57 of 1969.

(2.) This appeal arises out of a suit for declaration of title and permanent injunction in respect of suit property.

(3.) The case as has been made out by the plaintiff is inter alia as follows: One Haridas Bhattacharya and his brother Phanibhushan Bhattacharya were the owners of the land recorded in C.S. Khtian No. 212 and Surabala Debi, wife of Haridas Bhattacharya was the recorded owner of C.S. Khatian No. 210/1 of Mouza-Panchghara, P.S.-Baruipur. Phanibhusan died leaving behind him no other heir except his brother Haridas. Accordingly, Haridas became the sole owner of the land in C.S. Khatian No. 212. Plaintiffs are the heirs of Haridas and Surabala and as such they are claiming title to the suit plot by inheritance and possession and all through they got the land cultivated through hired labourers. It is alleged by the plaintiffs that the defendants along with others had cut fully riped paddy as grown by the plaintiffs on the suit land. proceeding under section 145 Code of Criminal Procedure was started accordingly at the instance of the Plaintiff No. 1 which was disposed of by the learned Magistrate, Alipore by his order dated 07.08.1968. The order of the learned Magistrate was challenged before the High Court but to no effect. The learned Magistrate found possession against the plaintiffs on the basis of entries in R.S. Khatian 209 and 217. The plaintiffs challenged the said entries as being erroneous.