BHASKAR SARDAR Vs. SAMIR KUMAR PAL

JUDGEMENT

(1.) This case has a checkered history. In fact, it is the third round of litigation before this Court. On both the earlier occasions the matter was remanded to the Trial Court to reconsider the matter in the light of the observations recorded in the aforesaid orders of remand.

(2.) A proceeding under Section 6 of the Specific Relief's Act is filed by the plaintiff/opposite party before the Court of Civil Judge (Senior Division), Baruipur for decree for declaration as to their lawful possession in the suit property together with the building standing thereupon and the defendant no. 1/petitioner has no right to dispossess them from the suit property without recourse to law. Consequently, the decree for recovery of possession of the suit property being Dag No. 3677 is also sought for therein.

(3.) The facts emerged from the plaint are that originally the suit property belonged to Sushila Bala Routh, who sold, transferred and conveyed the same to Ajit Kumar Biswas and Sanjit Kumar Biswas, by a dint of sale dated 08.07.1940, which was duly registered in the Sub-Registry Office of Matla and delivered possession thereof to the said purchasers. The properties involved in the said deed pertains to R.S. Dag Nos. 3677, 3678 and 3679 comprising of 56 decimals of land. The aforesaid owners after acquiring title into aforesaid properties and having put into exclusive possession, made an amicable arrangement between themselves with regard to the possession of the purchased properties and were exclusively enjoying their respective portions independently and to the exclusion of the other. One of the brothers, namely Sanjit Kumar Biswas raised and constructed one storied building on a portion of the plot of land comprised in R.S. Dag No. 3677 and started living with his family members which consists of two sons namely Rabindranath Biswas and Sukhendu Biswas.