KARTICK CHANDRA KAMILA Vs. PRAFULLA KUMAR MALI

JUDGEMENT

(1.) A suit for declaration and permanent injunction was decreed by the Trail Court. On appeal, the decree was reversed. The suit was dismissed with cost. Hence the present second appeal.

(2.) The plaintiff in Title Suit No. 286 of 1985 divided the immovable properties involved in the suit into three Schedules namely Schedule A, B and C. So far as Schedule A property was concerned, the plaintiff claimed that, he purchased the same from the recorded owner and, therefore, came into possession thereof. In respect of the Schedule B property, the plaintiff stated that it belonged to Draupadi Bewa who by a deed of gift dated September 23, 1921 transferred it to Gunadhar Mali. Gunadhar Mali died leaving behind only one heir and legal representative, his wife, Gayamoni. Gayamoni sold Schedule B property to the father of the plaintiff by a registered deed dated January 24, 1937. The father of the plaintiff, therefore, came into possession of the Schedule B property. So far as Schedule C property was concerned, Sashibhusan Das sold the same by a registered deed of conveyance in 1922 to the father of the plaintiff. The father of the plaintiff came into possession of the Schedule C land. After the death of his father the plaintiff came into possession of the Schedule B and C land.

(3.) It was claimed by the plaintiff that, the defendant wrongfully got the properties recorded in the Records of Rights in his name. When the defendant threatened the plaintiff with dispossession, the plaintiff was constrained to file the instant suit. The plaintiff therefore prayed for declaration of title and for permanent injunction.