SRI ANIL PATRA Vs. SRIMATYA ANGURBALA PRAMANIK

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 19th April, 2017 passed by the learned Civil Judge (Senior Division), 1st Court at Contai in Title Appeal No. 17 of 2012 affirming the judgment and decree dated 22nd December, 2011 passed by the learned Civil Judge (Junior Division), 1st Additional Court at Contai in Title Suit No. 6 of 2010 at the instance of the plaintiff/appellant.

(2.) Let us now consider as to whether any substantial question of law is involved in this second appeal for which the appeal is required to be admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure or not.

(3.) On perusal of the materials on record, we find that the plaintiff filed a suit for declaration of his right, title and interest in respect of the suit property and for injunction. He claimed that suit land, which was the vested land, was settled with the plaintiff by the State Government by grant of a Patta. Thus, on the strength of the said patta, granted by the State Government, the plaintiff is claiming title over the suit property. The plaintiff further claims that possession was given to the plaintiff by the State Government while granting Patta in his favour and since then, the plaintiff has been possessing the suit property and as such he has prayed for a decree for permanent injunction for restraining the defendants from interfering with the possession of the plaintiff.