GITA RANI PRAMANIK Vs. DHIRENDRANATH PRAMANIK

JUDGEMENT

(1.) The appeal is directed against the affirming judgment and decree dated Nov. 17, 1975 and Feb. 9, 1976 passed by the Additional District Judge, 12th Court, Alipur in Title Appeal No. 221 of 1976 arising out of the judgment and decree of the learned Munsif, 2nd Court, Baruipur in Title Suit No. 39 of 1974 whereby and where under the Plaintiffs title was declared and granted recovery of possession of the suit land. Essential facts giving rise to this appeal are as follows:

(2.) The suit land measuring 2 decimals in R.S. plot No. 4747 appertaining to current Khatian No. 133 corresponding to C.S. Plot No. 5684 of Khatian No. 137 in Kamrabad Mouza originally was recorded in the name of one Ramanath Paramanik as Korfa-tenant. After the death of Ramanath Paramanik the Korfa-tenancy right had developed upon his son Kalipada. Kalipada sold the suit plot to Satish Chandra Paramanik under a deed of conveyance dated April 9, 1949. After death of Satish Chandra, the suit land has been inherited and in occupation of his son, viz., the Plaintiffs. During the R.S. Operation, the tenant raised objection on the ground that Defendant constructed a puca building on the suit land 5/6 years ago by taking advantage of the absence of the Plaintiffs. Thus, it gave rise the cause of action to Plaintiffs for filing the suit.

(3.) The Appellant who was the Defendant in the trial Court has seriously resisted the claim of the Plaintiff by denying all materials allegations of the plaint. She, inter alia, contended that the suit plot belonged to her father-in-law Amritalal Paramanik which was developed upon its sons on his death. She purchased the suit plot from one Sanatan and his brothers by registered Kobala dated Jan. 20, 1969. After acquiring the suit land by purchase, he constructed a pacca structure thereon. Thus, the Plaintiff have had no title nor possession whatsoever on the suit land.