DURJYODHAN PALEI Vs. PADANA CHARAN DAS

JUDGEMENT

(1.) The plaintiffs instituted the suit under O. 1, R. 8, C. P. C. representing the villagers of Gunadia and Natara for a declaration that the suit lands are all communal lands. In respect of plot No. 351 in khata No. 106 of village Gunadia, the plaintiffs' alternative case is that defendant No. 1, the owner of that suit plot of land had entered into an agreement to execute a registered sale-deed in favour of the villagers of Gunadia and Natara in respect of the said plot of land and that in spite of notice he has so far not executed the said sale-deed, and so a decree for the said contract be passed in favour of the plaintiffs.

(2.) As this appeal is confined only to the plaintiffs' case in respect of the said plot No. 351, it is not necessary for me to state here the respective cases pleaded by both the parties in respect of the other suit plots.

(3.) The defendant No. 1's case in his written statement in respect of plot No. 351 is that the said plot is not a communal land and the villagers of Gunadia and Natara have no right over the said plot of land and they had never exercised any customary or easementary right over the same. He also denies to have ever entered into any contract or agreement with the plaintiffs to sell the said plot of land in favour of the plaintiffs. Defendants 4 to 8 in effect, support the case of defendant No. 1 in respect of the said plot No. 351. Defendants 2 and 3 in their separate written statement support the case of the plaintiffs.