KEDARNATH BHATTACHARJEE Vs. MAHENDRANATH KUNDU

JUDGEMENT

(1.) This is an appeal on behalf of the defendant in a suit brought by the plaintiffs for recovery of possession of a small strip of land on declaration of the plaintiffs' title thereto.

(2.) The plaintiffs' case is that their father had purchased holding No. 34 in ward No. 1 of the Nabadwip Municipality which was included within C. S. Plot 1177 of C. S. Khatian No. 4161 of Mouza Nabadwip. It is claimed that the disputed land, which is a narrow strip about 2ft. in breadth and about 57ft. in length appertains to the said holding and as such had been in their possession. C. S. Plot 1178 which lies to the south of plot 1177 belongs to the defendant. To the west of plaintiffs' Plot no. 1177 is C. S. Plot 1176 used for a long time as a common passage by the people in the locality. On 16-5-1942, it is alleged, the defendant dispossessed the plaintiffs from the narrow strip by raising pillars on it and having it fenced off.

(3.) The defence is that the disputed land appertains to the defendant's Plot No. 1176 and not to that of the plaintiffs' plot No. 1177. A platform on a portion of the disputed land was also alleged to have been constructed by the predecessor in interest of the plaintiffs with the permission of Gandheswari a predecessor in interest of the defendant in respect of the plots now owned by him.