HAREMOHAN DAS Vs. CHANDI CHARAN JANA

JUDGEMENT

(1.) THIS Second Appeal has been preferred against the judgment and decree passed by the learned Additional District Judge, Diamond Harbour in title Appeal No. 307 of 1993 affirming the judgment passed by the learned munsif, 2nd Additional Court, Diamond Harbour in Title Suit No. 78 of 1990.

(2.) CASE of the appellant is that he filed the Title Suit No. 78 of 1990, which was disposed of by the learned Munsif, 2nd Additional Court, Diamond harbour on 30th January, 1993. It was stated in the plaint by the plaintiff/ appellant that the suit property, as mentioned in the schedule of the plaint, originally belonged to the plaintiffs/appellant's father Raghunath Das. He was a tenant under the Zamindars Sarojini Debi and Baroda Prasad Roy chowdhury at a yearly rental of Rs. 81/ -. Sarojini Debi had 7 annas rent receiving interest while Baroda had 9 annas rent receiving interest in respect of the said property. Although, Raghunath Das was possessing the suit property, still in the settlement record his name was recorded as non-occupancy raiyat. This recording was erroneous.

(3.) IN the subsequent settlement, the suit property was also recorded on the basis of C. S. record of rights and in it the name of Girish Jana and bina Pani Jana were recorded in respect of the suit property. Those two persons had no right, title and interest in respect of the suit property and as such, the recording of the names of those persons in the subsequent record of rights in respect of the suit property is apparently erroneous. As in the column No. 23 of the record of rights name of Raghunath Das was recorded, so Bina Pani and Girish filed a petition under Section 44 (2a) of the West bengal Estate Acquisition Act praying for rectification of the record of rights. Said proceeding was dismissed by the Revenue Officer, as Bina Pani and girish failed to produce any relevant document in support of their claim.