GANGA PRASAD BHAKAT Vs. GANESH LAL BHAKAT

JUDGEMENT

(1.) THIS appeal is directed against the decree and judgment passed by learned Additional District Judge, First Court, Midnapore in Title Appeal No. 158 of 1975.

(2.) LEARNED First Appellate Court by the decree and judgment impugned passed in Title Appeal No. 158 of 1975 dismissed the appeal on contest with the cost against the respondent No. 1 and ex -parte without cost against the rest. Learned First Appellate Court has been pleased to affirm the judgment and decree passed by the learned Munsif, First Court, Midnapore in Title Suit No. 91 of 1956 wherein learned Munsif has been pleased to decreed the suit on contest with cost against the defendant No. 1 and dismissed the suit without cost against the defendant No. 2 (Ka to tha) and dismissed ex -parte against the rest. Learned Munsif in the said judgment and decree confirmed the right, title and interest of the plaintiff Ganesh Lal Bhakat in the said land along with permanent structure thereon confirming the possession of the plaintiff therein. It is further directed by the learned Munsif in the said judgment that defendant No. 1 was directed to remove the chala, when 30 days of the date of the decree made by him in the suit land by his own cost failing which the plaintiff is entitled to remove the same. The defendant No. 1 was also permanently restrained by an order of injunction by causing any disturbance in the peaceful possession of the plaintiff in the suit property. The Pleader Commissioner's report, field book and the case map do form part of the decree.

(3.) THE defendant no. 1 contested the suit by filing written statement and he denied the right, title and interest as well as possession of the plaintiff in the suit land.