LAWS(CAL)-1969-3-9

ASWINI KUMAR DEY Vs. ANGUR BALA KUNDU

Decided On March 07, 1969
ASWINI KUMAR DEY Appellant
V/S
ANGUR BALA KUNDU Respondents

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the appellate judgment and decree of affirmance dismissing their suit for khas possession and injunction.

(2.) The material facts alleged by the plaintiffs are as follows:

(3.) The suit was contested by the defendant No. 1 who denied the material allegations in the plaint. She contended that Harimati was a non-ejectable tenant, that the lands of .06 decimals would be near about 2 cottahs in local measurement, and also that the record-of-right in respect of Khatian No. 1114 was correct. It was further contended that the plaintiffs' title had vested in the State under the Estates Acquisition Act. 1953, and the suit was not maintainable by the plaintiffs. More, tile defendant No. 2 has transferable interest which was duly acquired by the defendant No. 1 by a registered conveyance dated June 15, 1959 and she was not liable to eviction,