BANAMALI DAS Vs. SALMA KHATUN

JUDGEMENT

(1.) THIS Court has heard the learned Advocates for the respective parties and has considered the materials on record.

(2.) THE facts of the case, very briefly, are as follows:

(3.) THE said defendant No.1 contested the said suit by filing written statement denying the material allegations made in the plaint. The case of the said defendant No.1 is that he has purchased 15 decimals of land in two suit Dags out of total 30 decimals from Saifuddin Mallick and the plaintiff or the proforma defendant No.11 have no right, title, interest and possession in any part of the suit Dag Nos. 859 and 861 and the sale made by Saifuddin Mallick as guardian of the plaintiff and the proforma defendant No.11 was absolutely for legal necessity and for the benefit of the plaintiff and the proforma defendant No.11 who were minors at the material point of time and as such the aforesaid transfer made in favour of the defendant No.1 has been absolutely legal, valid and has been duly recorded in the finally published settlement records of right and the defendant No.1 has been paying taxes to the Panchayet and the State Government for the said purchased land. The further case of the defendant No.1 is that he has constructed a pucca two storied building on such purchased land and has been residing therein and he has also inducted premises tenant in the said building and has been collecting monthly rent from such tenants. According to the defendant No.1, the suit should be dismissed.