RAMANDAS CHAKI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal comes out of a suit for declaration and injunction. The plaintiffs preferred this appeal being aggrieved by and dissatisfied with the judgment and decree dated 17 th February, 1997 passed by the learned Assistant District Judge 1st Court. Krishnanagar, Nadia in Title Appeal No. 142 of (sic) 1986 reversing the judgment and decree passed by the learned Munsif, 1st Court, Ranaghat in Title suit No. 4 of 1979 on 26th May 1986.

(2.) The case made out by the plaintiffs in the plaint is inter alia as follows :- Khitish Chandra Chaki, predecessor in interest of the plaintiffs was the owner of the suit property. Said Khitish Chandra Chaki had got less than 25 acres of agricultural land. By B. R. Case No. 34 of 1968, Revenue Officer passed an order that 2364 acres of land of Khitish Chandra Chaki to be vested in the State of West Bengal. BR case No. 14 of 1968 is illegal, invalid and without any jurisdiction. Khitish Chandra Chaki and the plaintiffs filed Title Suit No. 162 of 1969. The defendant are claiming the suit property to be vested in the State of West Bengal and are also making attempt to distribute the suit properly to others Notice under Section 80 of the Code of Civil Proce dure was duly served upon the State of West Bengal but without any fruitful result. Hence the suit being Title Suit No. 4 of 1969 was filed.

(3.) The defendants have contested the suit by filing written statement contending inter alia that the suit is not maintainable in its present form. The suit is barred by Section 34 of the Specific Relief Act and the suit is also bad lor want of a notice under Section 80 ol the Code oi Civil Procedure and the suit is also barred by Section 57B of the Estate Acquisition Act. The defendants denied all the allegations of the plaintiffs. Khitish Chandra Chaki was asked to file 'H' form in the B.R. Case as he had more land than the ceiling limit but he did not file the same. All the lands of Khitish Chandi a Chaki were vested in the State of West Bengal and the suit property has been taken possession of by the State of West Bengal and at present also it is under the possession of State De fendant prays for dismissal of the suit with costs