PRATIMA DEVI Vs. JYOTISH CHANDRA MUKHERJEE

JUDGEMENT

(1.) This appeal from the appellate decree has been heard along with revision case being C. R. No. 3775 of 1969 which had been directed to be heard along with the appeal. The appeal is by the defendant/appellant (hereinafter referred to as the defendant) and it arises out of a suit for declaration of the plaintiff/respondent's (hereinafter referred to as the plaintiff) tenancy right in the suit property which is a tank and for a declaration that the entries in the revisional settlement records in respect of the same is erroneous and for confirmation of plaintiff's possession in the suit property and permanent injunction restraining the defendant from interfering with the plaintiff's possession thereof.

(2.) The disputed tank named Gopal Dighi measures 2.72 acres in area and appertains to C.S. plot No. 4060, Khatian No. 2032, Mouza Bainchi, District-Hoogly.

(3.) The case of the plaintiff shortly was that he was a lessee in respect of the disputed tank under the defendant who is the admitted owner thereof, and as such, he was in possession thereof by rearing and catching fish and also by using the banks thereof. The plaintiff relied in an unregistered kabuliat for 9 years reciting a rental of Rs. 50/- per year and mentioning the period of 9 years commencing from 22nd Jaistha, 1358B. S. The plaintiff claimed that under the provisions of the West Bengal Estates Acquisition Act, 1953, (hereinafter referred to as the said Act) the superior interest of the defendant vested in the State so far as the disputed tank is concerned. The tank, however, had been erroneously recorded in the record of rights to be in the khas possession of the defendant and the defendant having attempted to disturb the plaintiff's possession on the basis of such entry, the plaintiff instituted the suit for the above reliefs.