(1.) This is a defendants' appeal against a confirming judgment.
(2.) Plaintiff instituted the suit for declaration of right, title and interest, confirmation of possession and in the alternative for delivery of possession. The case of the plaintiff was that her husband Banamali Pati was the owner of Sabik Khata No.26, Sabik Plot Nos.540/1828, Ac.0.4 dec. and 1883/1890 Ac.0.8 dec. During Hal settlement, area of Sabik Plot No.540/1828 was enhanced from Ac.0.4 dec. to Ac.0.6 dec. It was carved into Khata No.108, Plot No.766 and Khata No.147, Plot No.767 Ac.0.3 dec. She and her husband were in possession of Hal Plot Nos.766 and 767 peacefully, continuously and uninterruptedly. They used to pay rent. After the death of her husband, she is in possession of the land. In 1987, Narimangal Samiti House adjacent to the said plots collapsed. The defendants cleared up the same and forcibly occupied the plots despite her protests. On the requisition of the plaintiff, the Amin measured the land. The plaintiff came to know that plot no.767 Ac.0.3 dec. has been wrongly recorded in the name of defendant no.1 in Hal settlement. With this factual scenario, she instituted the suit seeking the reliefs mentioned supra.
(3.) The defendants entered contest and filed a written statement denying the assertions made in the plaint. They did not claim title over plot no.766. As regards plot no.767, they averred that Banamali Pati transferred plot no.767 in favour of defendant no.1. ROR was issued in his name. The plaintiff has no right, title and possession over the suit land. Defendant no.1 is in possession of the land peacefully and uninterruptedly prior to the death of Banamali Pati.