NEMAI CHANDRA BAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal at the instance of the plaintiffs is directed against the judgment and decree passed by the Learned First Appellate Court in Title Appeal No. 79 of 1986 reversing the judgment and decree passed by the Learned Trial Court in Title Suit No. 69 of 1984.

(2.) THE appellants claimed to be purchasers of the suit tank from erstwhile owners bijoyarani Ghosh, Hiranmoyee Ghosh and Jagabandhu Roy having 4 annas, 4 annas and 8 annas share respectively. Bijoyarani Ghosh and other co-sharers retained their respective shares by submitting B form. They used to possess the suit tank jointly by rearing fishes and the appellants-plaintiffs have been possessing the same by rearing fishes in the suit tank and also cutting the branches and plucking the fruits of the trees standing on the bank of the tank. The J. L. R. O. concerned threatened to settle the suit property treating the same to be vested property. So, the plaintiffs filed suit for declaration of title and consequential reliefs.

(3.) THE defendant-State of West Bengal contested the suit contending that vendor bijoyarani Ghosh did not retain 3 annas 18 gandas 3 karas share in the suit tank measuring 56 decimals out of the total area of 2. 28 and as such the same vested to the state and she had no transferable right on the day of purchase by the plaintiffs. Khanda khatian was opened in the name of Bijoyarani in respect of the balance on 1 ganda and 1 kara share. The list of vested land was sent to the J. L. R. O. Kotulpur and J. L. R. O. took possession of 56 decimals of suit tank not retained by Bijoyarani. The sale deeds are collusive and fraudulent and plaintiffs did not acquire any right, title and interest in the suit land by such deed.