TARAPADA NANDY Vs. SHIB KUMARI DEVI

JUDGEMENT

(1.) The plaintiffs/appellants along with another person filed a suit for eviction and mesne profits (T.S. No. 52 of 1996) against the defendants/respondents praying, inter alia, for a decree for eviction and mesne profits in respect of the suit property. The case of the plaintiffs was that the predecessor-in-interest of the defendants, i.e. Agni Singh was a licencee in respect of certain land where the said licensee was allowed to run a brick klin. The plaintiffs further case is that the said Agni Singh died sometime in the year 1985 and the said license automatically terminated and the name of the said Agni Singh was recorded as anumati dakhaldar in the record of rights. The defendants were asked to vacate the suit property but. the defendants did not vacate and hence the said suit.

(2.) The defendants No. 1 and 2 contested the said suit by filing written statement denying the material allegations made in the plaint and alleged that the said Agni Singh started a brick manufacturing business at Mouza Keota Chinsurah since 1st April, 1946 and the said Agni Singh possessed a good number of plots surrounding the brick field for the said manufacturing business. It was also alleged in the said written statement that the said Agni Singh took lease from Government of West Bengal of a certain area of land in Touzi No. 2050, 2051, 2052 and 2055 of Hooghly Collectorate at Char Khamarpara, Chinsurah by a registered lease deed dated 19th February, 1960 and the said Agni Singh has been possessing the suit property including his property continuously, peacefully and uninterruptedly as of right. It also appears in the written statement that the said defendants took a stand that if it is ascertained that the suit property are of the plaintiffs, then in that case the defendants are entitled to get the suit property by way of adverse possession.

(3.) It appears that the defendant No. 3 contested the said suit by filing a separate written statement. It appears that the defendant Nos. 1 and 2 are the sons of Late Agni Singh and the defendant No. 3 is the grand son of the said Agni Singh.