ALAUDDIN SHEIKH Vs. SANTU SHEIKH

JUDGEMENT

(1.) This second appeal has been preferred by the appellants/plaintiffs against the judgment and decree dtd. 28/1/1984 passed by learned Additional Sub Judge, Murshidabad. By the impugned judgment learned court below was pleased to set aside the judgement and decree passed by the Trial Court in Title Suit no 41 of 1977 dtd. 7/3/1983.

(2.) Before the Trial court plaintiffs/appellants filed aforesaid Title Suit no. 41 of 1977 contending that Heraj Seikh, Minaj Seikh, Khokon Bibi and Zeratun Bibi were the original owners of the properties described in 'Ka' Schedule to the plaint under Zamindar Purna Chandra Tribedi. Said Zamindar Purna Chandra filed a rent suit being no 1862 of 1937 against aforesaid owners for arrear of rent of Rs.46.00. Since the aforesaid occupiers failed to pay the decretal amount of Rs.46.00, the property mentioned in 'Ka' schedule was auctioned and the present plaintiff and his brother Joulus Sk purchased the 'Ka' schedule property form the auction sale on 21/11/1938 and took possession of the properties. The said sale was confirmed on 20/1/1939.

(3.) Joulus Sk thereafter died leaving behind his brother i.e. plaintiff as only legal heir and as a result of which plaintiff inherited the share of Joulus and became full owner of the 'Ka' schedule property to the plaint and was in possession of the same. Subsequently he sold some of the properties to Moslem Sk. and Akul Sk. Said Muslan and Akul are the owners of their purchased share and after getting possession, they have also recorded their names in the R.S Record of Right. After the auction purchase the plaintiff paid rent to the then landlord and after abolition of Zamindari system he has paid rent to the Government all along.