SURENDRA NATH PRAMANICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The plaintiff have alleged that the disputed property belonged to one Baikunthanath Kundu. By a registered deed of arpannama dated 3-11-1915 he dedicated all his properties including the land in suit to the deity Sri Sri Radhagobinda Jew Thakur and that is an absolute debuttar. Ultimately his daughter-in- law, Haripriya Dassi, became shebait of the deity and possessed the property. By a registered kobala dated 9-8-1956 she sold a portion of the debuttar property, that is the suit land, to the plaintiffs for legal necessity. But in the R. S. Khatian it is erroneously recorded that the land had vested in the State. They were threatened with dispossession by the Government Tahasildar. Hence the suit for permanent injunction on declaration of ht plaintiffs' title to the disputed land and for a further declaration that the entry in the R. S. Khatian is incorrect.

(2.) The defence of the State, defendant no. 1, is that the suit land was not retained by submitting a return in the B Form and it vested in the State. There was no legal necessity. Hence the plaintiffs acquired no title to the suit land.

(3.) The learned Munsif accepted the denfence version and dismissed the suit. The plaintiffs filed an appeal and lost the same. Hence this appeal.