LAWS(GAU)-2000-9-14

MAHENDRA KAR Vs. BABUL KUMAR GHOSH

Decided On September 26, 2000
MAHENDRA KAR Appellant
V/S
BABUL KUMAR GHOSH Respondents

JUDGEMENT

(1.) Heard Mr. B.B. Deb, learned senior Advocate for the appellant. Also heard Mr. S.N. Banerjee, learned Advocate for the respondents.

(2.) The respondent-plaintiff instituted a Title Suit No. 12 of 1984 praying for declaration of right, title and interest and recovery of khas possession of the suit land described in the plaint. The case of the plaintiff is that he purchased the suit land from defendant No. 1 for consideration by a registered deed of sale 7-7-1983 and he was put into possession. But on 11-7-1983, i.e., after four days only he was dispossessed and the defendant No. 3 is possessing the same. The suit proceeded ex-parte against the defendant No. 1. The defendant Nos. 2 and 3 filed separate written statements contesting the claim of the plaintiff.

(3.) The case of the defendant No. 2 is that he purchased the suit land from defendant No. 1 and the sale deed was executed on 14-6-1983 and registered on 11-7-1983 and he is in the possession of the suit land. The defendant No. 3, on the other hand, claimed that the suit land was in possession of one Monoranjan Dhar and thereafter he possessed the same. The learned Trial Court decreed the suit on the ground of title and the appeal preferred by the present appellant being Title Appeal No. 23/89 was also dismissed.