SURENDRA CHANDRA BISWAS Vs. ANANGA KISHORE BHATTACHARJEE

JUDGEMENT

(1.) THIS is an appeal by the defendant, who lost in both the Courts below and it arises out of a suit for declaring the plaintiff's jote right and title over the suit land and for recovery of possession.

(2.) THE plaintiff's case, in brief, was that he along with pro forma defendant No. 4 Shyama Charan Bagchi took jote settlement of 2 1/2 drones of land appertaining to touji No. 17 of taluk No. 24 standing in the name of Dwarikanath Chakraborty from the superior landlords at an yearly rental of Rs. 29.75 Including road cess. Thereafter the jote land was partitioned between the plaintiff and pro forma defendant No. 4 and in that partition the plaintiff got I drone and 9 kanis of land, for which a separate touji No. 31 was created and he had been all along in possession of the land since the settlement paying rent to his landlord. About 3/4 years before the institution of the suit one Kirton Tanti who was pro forma defendant No. 3 and who is since dead, was permitted to occupy about 10 gandas of land within the plaintiff's share by constructing a house thereon. Said Kiron Tanti resided there for some years and then surrendered the house and the land In favour of the plaintiff. After this the principal defendant, it is alleged, trespassed into the said land on 4 -3 -64 B. S.. denying the title of the plaintiff. Under the circumstances, the plaintiff filed the suit for the reliefs, as mentioned above.

(3.) UPON the pleadings, several issues were framed including two issues, namely, whether the plaintiff had the right, title and interest over the suit land and whether he is entitled to khas possession over the same, which were issues (4) and (3) respectively.