BISWANATH BANDAPADHYAY Vs. PURNAMONI DASSI

JUDGEMENT

(1.) This is an appeal by the defendant against a judgment of reversal.

(2.) According to the plaintiffs respondents' case, the suit land situate in Mouja Patsimulia, P.S. Bongaon, 24-Par-ganas and recorded in K. S. Khatian No. 467, Dag 220/745 measuring 73 decimals with jama of Rs. 2.75 belonged to Kachhi-muddin Molla and Abu Taleb Molla in raiyati interest. In Chaitra 1356 B.S., this property was exchanged for the properties of the plaintiffs in the then East Pakistan. Due to communal disturbances, the transaction was done in haste and no formal deed was entered into between the parties. The land valued at Rs. 100 had since then been in possession of the plaintiffs who had been cultivating the same without interruption for long over twelve years, thereby acquiring, in addition, title thereto by statutory right. The plaintiffs duly informed the Settlement Officer of the R.S, Settlement operations about their possession of the land on basis of exchange and were assured that their names would be duly recorded. Accordingly they went on possessing the land taking no further steps. The plaintiffs came to learn that in respect of the said jama, the defendant's name was erroneously recorded for about 2/3rd share with the plaintiffs' names in the balance separately for about 1/6th share each. This recording was erroneous, without basis and illegal, as the defendant never had any right, title or interest or possession in the suit land. As the defendant had been threatening dispossession since April 3, 1965, the plaintiffs instituted the suit on May 19, 1965 praying for a declaration of their title to the suit land and for injunction restraining the defendant from interferring with their possession thereof.

(3.) The suit was contested by the defendant who in his written statement denied the alleged exchange and its legality without any registered document as required in law and also the plaintiffs' alleged possession thereof. It was said that the raiyats Kachhimuddin and Abu Taleb abandoned for good the land in the latter part of 1355 B.S. without making any arrangement for rent when the landlords entered on the holding and orally settled the same to the defendant from the beginning of 1356 B.S. on acceptance of salami at a jama of Rs. 2.75 only. Since then the defendant had been in possession thereof on payment of rent to the landlords and on vesting to the State of West Bengal. During settlement operations, the plaintiffs taking advantage of non-receipt of dakhila from a co-sharer landlord fraudulently got their names recorded in respect of 19 decimals of land of the said dag. Thereafter by amicable arrangement, at the mediation of local respectable persons, the defendant had been in possession and cultivating 54 decimals of the eastern portion of the dag for long over twelve years on payment of rent to the State of West Bengal while the remaining area came into possession of the plaintiffs. The plaintiffs' suit should accordingly be dismissed.