SUBAL CHANDRA MONDAL Vs. ATUL KRISHNA GHOSH

JUDGEMENT

(1.) Srimati Saralabala Ghosh, the original plaintiff instituted the Title Suit No. 207 of 1968 in the Court of the learned Munsif, Ghatal for declaration of her title to the suit-land, further declaration that the principal defendants were not bargadars in respect of the same and for permanent injunction restraining them from interfering with her possession. Subsequently, the plaintiff amended the plaint by adding a prayer for recovery of possession, if it was found that she was out of possession. The plaintiff's case was that she purchased the suit-land and was in Khas possession thereof with the help of her laborers, In the Revisional Records of rights, the land was recorded in her name and she paid rent to the State of West Bengal. It was alleged that the principal defendants in collusion with her enemy camp had made an application before the J.L.R.O.-cum-Bhagchasi Officer as well as an application before the settlement camp claiming themselves as bargadars and for recording their names as such in respect of suit-land falsely asserting that they were Bargadars. The defendants also threatened her with dispossession.

(2.) The principal defendants contested the suit alleging, inter alia, that they had been in possession of the suit-land as bargadars under the plaintiff. During the pendency of the suit, the suit-land was recorded in the names of the defendants as bargadars under the plaintiff in a proceeding under Section 44(2A) of the West Bengal Estate Acquisition Act.

(3.) Upon a consideration of the evidence on record the learned Munsif disbelieved the defendant's story of Barga cultivation but found them to be in possession of the suit-land and accordingly passed a decree for recovery of possession in favour of the plaintiff.