INSHIDAR EKKA AND ANR. Vs. DIBAKAR DAS

JUDGEMENT

(1.) This second appeal is at the instance of the defendants in a suit for declaration, recovery of possession and mandatory injunction and is directed against the judgment and decree dated July 31, 1982 passed by the learned Additional District Judge, 1st Court, Howrah in Title Appeal No. 282 of 1981 thereby reversing those dated Sept. 25, 1981 passed by the learned Sub-ordinate Judge, 3rd Court, Howrah in Title Suit No. 12 of 1978.

(2.) The respondent No. 1 filed the aforesaid Title Suit for declaration that she appellants are licensees of the suit plot, for recovery of possession of the land in suit by demolishing and removing the improvised hut raised upon the suit land and for permanent injunction restraining the appellants from encroaching upon the 'Khas' land of the respondent No. 1 to the South-East of .04 acre of land of R.S. Plot No. 324. The ease made out by the respondent No. 1 in support of the aforesaid claim was as follows:-

(3.) The aforesaid suit was contested by the appellants by filing joint written statement thereby denying the allegations made in the plaint and their defence were inter alia as follows:-