BASUDEV DAS Vs. GANESWAR MALLIK

JUDGEMENT

(1.) Since both the Appeals arise out of a common judgment followed by the decrees passed by the learned Addl. District Judge, Salipur in RFA No.08 of 2020 and RFA No. 09 of 2020; those had been heard together for their disposal by common judgment. The Respondent as the Plaintiff had filed Civil Suit No.731 of 2016 in the Court of learned Senior Civil Judge, Salipur. He has claimed a declaration in respect of his right, title, interest and possession over the suit land with further prayer of injunction. The Defendants entering appearance while filing the written statement had raised counter claim seeking declaration of their right, title, interest and possession over the suit land being the lawful purchasers vide valid sale-deed bearing No.578 dtd. 28/2/1983. The Trial Court having dismissed the suit; decreed the counter claim.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

(3.) The Plaintiff's case is that he is member of Scheduled Caste Community. The suit land under Khata No.26, Plot No.248, measuring Ac.0.0280 decimals in mouza Kusundaspur is his ancestral property. It stood recorded in the name of his father Adikanda Mallick in the record of right published in the consolidation operation. On the death of Adikanda, the Plaintiff became the owner and possessed the suit land. He was staying at the place of work which is away from the native village. It is stated that all of a sudden Defendant No.1 started putting up some construction over the suit land and on being asked, he raised his claim over the same as the purchaser from Adikanda, the father of the Plaintiff by registered sale-deed No.578 dtd. 28/2/1983. The Plaintiff's request to the Defendant No.1 not to go for any construction over the suit land was not paid any heed to. When the Defendant No.1 fast proceeded with the construction work, the Plaintiff initiated a proceeding under Sec. - 144 of the Code of Civil Procedure vide Crl. Misc. Case No.88 of 2016.