PURNA CHANDRA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement dated September 19th, 1989 and decree dated September 26th, 1989 passed by learned Additional District Judge, 6th Court, Midnapore in Title Appeal No. 297 of 1988 reversing the judgement dated July 13th, 1988 and degree dated July 23rd, 1988. One Purna Chandra Jana, Gangadhar Jana and six others filed a suit against Biswanath Roy and State of West Bengal and three others seeking relief for declaration and permanent injunction. The fact of the case which are necessary for the purpose of the present appeal is narrated below.

(2.) Suit property as described in the schedule belong to one Dinu Jana, Nirmal Jana, Gobinda Jana and Indra Narayan Jana. The parties have 1/4th share each in the property. The land was recorded in C.S. Khatian No. 24 of Mouza Tilakhulia. Nirmal Jana died leaving behind his widow Jalad Bala Jana as only heirs. She died leaving behind Atul and Tapasi as heirs of predecessor of the plaintiff. Dinu Jana died leaving two sons, Atul and Tapasi and his wife Bhusan Kumari. Bhusan Kumari died leaving Atul and Tapasi. Atul died unmarried. Tapasi died leaving his wife, two sons and five daughters who are the plaintiffs of this suit.

(3.) By amicable partition among the co-sharers 2.50 acres of land which was recorded in Khatian No. 24 was allotted to Dinu Jana. Dinu Jana by a deed of gift in the year 1969 transferred the suit property to his wife Bhusan Kumari. Her two sons Atul and Tapasi inherited the said property after her death. On the death of Atul his heir devolved of his brother Tapasi and subsequently on his death it is devolved on the plaintiffs and they are possessing the suit property all along.