ANUKUL MONDAL Vs. PURNA CHANDRA MONDAL

JUDGEMENT

(1.) This Second Appeal has been preferred by the appellant against the judgment and order dtd. 10/9/2010 passed by learned Additional District Judge, Bongaon in T.A. No. 1 of 2009. By the impugned judgment learned court below has set aside the judgment and decree dtd. 26/11/2008 and 5/12/2008 respectively, passed in T.S. No. 18 of 2001 by the learned Civil Judge, (Junior Divison) Bongaon.

(2.) Plaintiff's case as set out in the plaint, in brief, is that the plaintiff/appellant herein Anukul Mondal is living in the suit property after raising construction thereon since 1966. He filed one beneficiary case no. 137 of 1986 in respect of the suit property for allotting the said property in his favour under the West Bengal Acquisition of Homestead Land for Agricultural Labourers Artisans and Fishermen Act, 1975 (Act of 1975). The Junior Land Reforms Officer, Government of West Bengal issued PATTA (conferment of title) in his favour in respect of the suit property.

(3.) Being aggrieved by that order the respondent herein/defendants preferred appeal being Appeal case no. 23 of 1998 before Sub-Divisional Land and Land Reforms Officer (hereinafter called as 'SDL&LRO'), Bongaon and the said authority after hearing the Appeal, by an order dtd. 22/12/2000 was pleased to set aside the order which was passed in favour of the plaintiff/appellant in the aforesaid beneficiary case no. 137 of 1986. Plaintiff further alleged in the plaint that taking advantage of the said order dtd. 22/12/2000, the defendant/respondents started threatening the plaintiff to dispossess on and from 3/2/2001 and for which the plaintiff filed the aforesaid suit being T.S. No. 18 of 2001.