RAM PUJAN SINGH Vs. GRAMOPHONE COMPANY LTD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 9th January, 1973 of the 6th Court of subordinate Judge. Alipore. decreeing Title Suit No. 36 of 1962 brought by respondent No. 1.

(2.) THE suit from which this appeal has arisen was initially numbered title Suit No. 40 of 1955. Appellants Nos. 1 to 4 were impleaded as defendant No. 1, 4, 5 and 6 respectively. Respondent Nos. 2 to 6 were impleaded as other defendants in the Civil Suit. Defendant No. 2 Sufer tewari died during the pendency of the suit. Thereupon, Keyera Debi, sarada Debi and Sripati Singh ware impleaded as defendant Nos. 2 (ka)2 (kha) and 2 (ga) being his wife, daughter and brother respectively. The suit was brought by the respondent No. 1 company for a decree of declaration of its title in respect of the suit lands described in the ii- Schedule to the plaint and also for a decree for the recovery of khas possession thereof after demolition and removal of huts and all structures and obstacles raised by the defendants thereon and also for payment of mesne profits after ascertaining the amount payable on proper enquiry and taking additional Court fees, if required for the same. Case of the plaintiff company is that it purchased the land as specified in Schedule I to the plaint from the Government of India on 30th November, 1929 and the deed of conveyance thereof was registered on 7th January, 1930 and thereby it became the owner of the land and it occupied the same, but defendant Nos. 1 to 3 who were absolute strangers hatched a plan to grab some portion of the land for the purpose of living and carrying on business and they trespassed over a part of the land forcibly and unlawfully in June 1952 and erected at hut and made some structures thereon against the wishes of and without the knowledge, approval or consent of the plaintiff company and without the knowledge, approval or consent of the plaintiff company and dispossessed the plaintiff company there from. It is further alleged that the defendants have forcibly converted a portion of the lands into a 'khatal' where some buffaloes and cows are kept and milched and they are also carrying on business of supply of milk. It is further pleaded that during the current Settlement Survey, the forcible possession of the defendants has been recorded in respect of the two plots viz. , 2248/2925 and 2248/2926 of Mouza Dum Dum cantonment, J. L. No. 13 appertaining to the Draft Khaitan No. 1 of the said Mouza. The plaintiff company made oral protests and served notices upon the defendants asking them to quit and vacate the disputed lands and leaving them in the khas possession of the plaintiff. These notices were dated 14th November, 1952 9th March, 1953 and 4th May, 1955 and in reply to the last mentioned notice, defendant No. 1 sent a false and fancied story that he was invited by the plaintiff company to enter the land and to improve the same with the assurance of settlement which was totally false.

(3.) INITIALLY, the suit was brought against only three defendants. During the pendency of the suit, a local Commissioner was appointed. The local commissioner found the defendants' structures on the plaintiffs land covered by the conveyance deed executed in favour of the plaintiff. He also found occupation of four other persons on the disputed land who were, according to the plaintiff, brought into the land by defendant No. 1 to 3 during the pendency of the suit. These four persons were impleaded as defendant Nos. 4 to 7 by amendment of the plaint. The total area in possession of the defendants is 2 bighas, 2 cottahs and 3 chittaks, 22 sq. ft.