SM. BINAPANI DEBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned District Judge, Hooghly in T.A. No. 290 of 1972 reversing those of the learned Munsif, 1st Court, Hooghly passed in T.S. No. 158 of 1968.

(2.) The plaintiff/appellant filed the suit for declaration and injunction. Her case was that the suit property originally belonged to one Daulatnessa Bibi in occupancy Raiyati interest. She was in possession of the suit property and on 30.5.58 she transferred the same to the plaintiff for a consideration of Rs. 999/-. The plaintiff got possession after purchase and her name was also recorded in the R. S. Record of Rights on the basis of her purchase. Government of West Bengal mutated her name and also realised rent for the suit land all along and recognised her as a tenant. On 17.3.68 the plaintiff came to know that the defendant, State of West Bengal started a Big Raiyat case against her vendor and ultimately the suit land was treated as vested in the State. The plaintiff was threatened with dispossession. Hence the suit after service of notice under section 80 C.P. Code.

(3.) The State of West Bengal contested the suit by filing a written statement in which it was pleaded inter alia that Daulatnessa had land in excess of the ceiling and so excess land has been directed to be vested. As the order of vesting operated retrospectively, plaintiff's vendor had no title to the suit property on 30,5.58 and the plaintiff could not, therefore, acquired any right title or interest to the suit-property.