SURENDRA NATH MONDAL Vs. STATE OF W B

JUDGEMENT

(1.) This is the second appeal against the judgment and decree passed by the Learned Subordinate Judge, Murshidabad on 8-4-1972 in Title Appeal No. 368 of 1968, setting aside the judgment and decree passed by the Learned Munsif, Lalbagh in Title Suit No. 277 of 1967 and dismissing the suit.

(2.) Plaintiffs brought the suit against the Midnapore Jamindary Co. Ltd. and the State of West Bengal for declaration of the title to the suit land and for permanent injunction. The land described in schedule 'Ka' to the plaint including the land in 'Kha' and 'Ga' schedules was the khas land of the Midnapore Jamindary Co. Ltd. (defendant No. 7). The 'Ga' schedule land measuring 5.01 acres was the disputed land. Mahendra Mondal, predecessor of the plaintiff took settlement of the 'Ka' schedule land at an annual jama of Rs. 16/10/6 p. on the basis of a Dolfordi and possessed the same till his death. Since his death the plaintiffs are in possession of the said land. At the time of R. S. operation plaintiffs' names were recorded in respect of 'kha' schedule land to the plaint out of the properties as described in schedule 'Ka' excluding 61 decimal of land which fell into the then Pakistan. The suit land as described in 'Ga' schedule to the plaint out of the 'Ka' schedule was however wrongly recorded in the name of the Midnapore Jamindary Co. Ltd. as their khas land in the R. S. khatian. Taking advantage of this wrong entry, plaintiffs' possession in the suit land was threatened.

(3.) The State of West Bengal, who is the pro forma defendant No. 2 in the suit contested the suit by filing the written statement but the defendant No. 1, Midnapore Jamindary Co. Ltd. did not enter appearance to contest the suit. The pro forma defendant No. 2 contested the suit on 'the ground that the notice under S.80 of the C. P. Code was bad and invalid and that the suit land was vague and unidentifiable without the help of the local investigation and that the suit land being rightly recorded as the khas land of the Midnapore Jamindary Co. Ltd., vested in the State of West Bengal.