GOURI SANKAR PANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS second appeal is against the judgment and decree passed by the Learned additional District Judge, 1st court, midnapore, in Title Appeal No. 669 of 1971, affirming the judgment and decree of dismissal passed by the learned Additional Munsif, Contai in Title Suit No. 153 of 1970.

(2.) PLAINTIFFS filed the suit for declaration of their title to the suit-land and for permanent injunction, It was the case of the plffs. that the suit land described. in the shedule ka and ka 1 to the plaint belonged to Basanta Kumar Panda, the father of the defendants no. 2 to 4. Basanta Kumar Panda sold the suit land to the plffs. by the kobalas dated 14-4-55 and 10-6-56. Since then the plffs had been possessing the suit land. Before sale to the plffs. Basanta Kumar Panda retained the suit land by submitting the return in B form. The Tahasilder of the defdt no. 1 State of West had been denying the plffs' title to the suit lands by giving out that the suit land had vested in the State of West Bengal and had been trying to settle the suit land with others. Hence the suit.

(3.) THE defendant no. 1 State of. West bengal filed one written statement and the defendants no. 2 to 4 filed a separate joint written statement and they contested the suit. The defdt no. 1 denied plffs' title to the suit land. It was alleged that Basanta Kumar Panda was a big. raiyat and as he did not retain the suit-land, the same vested in the State of west Bengal.