RITA CHAKRABORTY Vs. NIHAR KANTI HALDER

JUDGEMENT

(1.) The defendant in a suit for declaration of title to land and property as well as for recovery of possession has preferred the present second appeal against a judgment of affirmance.

(2.) Learned counsel appearing for the appellant submits that whereas the suit from which the present appeal arises was filed by the plaintiffs on the basis of their alleged title in respect of the suit passage, in defence, the appellant took the plea that there was a salishi (mediation) between the parties and the salishi sabha (mediation committee) came to a decision that certain portions of the property in question will be left for being used as a common passage by the appellant. Learned counsel submits that such position was accepted by both parties and for over a period of 11 years, the passage was being used by the appellant without any demur on the part of the respondents. However, subsequently, the suit was filed.

(3.) The defendant/appellant, it is submitted, also filed a counter claim for specific performance of the contract between the parties, which is in the form of Exhibit- F in the suit, a copy of the minutes of the salishi settlement.