GOPAL CHANDRA BAIRAGI Vs. PANCHANAN MONDAL

JUDGEMENT

(1.) The second appeal is directed against the judgment and decree dated 24.02.2006 passed by the learned Civil Judge, (Senior Division), Baruipur, South 24 Parganas in Title Appeal No. 30 of 2000, affirming the judgment and decree dated 17.02.2000 and 03.03.2000 respectively passed by the learned Civil Judge, (Junior Division), Baruipur in Title Suit No. 85 of 1999. By the said judgment, the First Appellate Court dismissed the appeal ex parte and affirmed the judgment and decree of the Trial Court.

(2.) The plaintiff/appellant filed a suit before the learned Trial Court praying for a decree for declaration and permanent injunction wherein he contended that the suit property originally belonged to one Nalini Roy, since deceased, and the plaintiff used to cultivate the land under the owner since 1964. The land was subsequently vested with the Government of West Bengal following which the plaintiff acquired title in respect of the property by virtue two separate pattas executed in his favour by the Government in 1972 and 1983 respectively and has been occupying the property by residing in a portion of the property and cultivating the remaining portion. The plaintiff alleged that defendant nos. 1 and 2 who had no right, title, interest or possession in respect of the property obtained forged and manufactured pattas in connivance with the B.L. and L.R.O. Department and tried to occupy the property forcibly on 05.02.1997. These defendants also declared that they would occupy the property forcibly and raise construction thereon. The plaintiff, therefore, prayed for a decree declaring his title in respect of the suit property and permanent injunction restraining defendant nos. 1 and 2 from disturbing his peaceful possession therein.

(3.) The defendant nos. 1 and 2 contested the suit by filing written statement wherein they denied the contention of the plaintiff and averred that 25 decimals of the suit dag was settled in favour of defendant no. 1 and 50 decimals in favour of defendant no. 2 by the Government of West Bengal by virtue of two separate pattas issued in 1983 and in the same year 34 decimals of the property was allotted in favour of the plaintiff. The defendants have been occupying their portion of the property as owners thereof. The defendants prayed for dismissal of the suit.