HASHYABALA GHOSH Vs. GHANSHYAM NUNIA

JUDGEMENT

(1.) Although not at the time of admission but during the hearing of this appeal the following substantial questions of law were formulated, viz. - (a) Whether the finding of the learned District Judge that in absence of mutation of the names in the relevant record, the successors plaintiff has no title is correct. (b) Whether the finding of the Court below that the defendant acquired title by adverse possession is correct.

(2.) Before dealing with the real controversy it will be convenient to reflect the respective cases of the rival parties.

(3.) To the concise, the case (as it stands on the amendment of plaint in the year 1992) for the appellants/plaintiffs is that Late Pratap Ch. Ghosh died don 6.3.1971 leaving behind him the plaintiffs as his heirs and during his life-time he used to own and possess land measuring 2B-4K-19L appertaining to dags No. 6 and 7 of Khatian No. 97 at Goaltali, Bamanpara (described with more particulars in schedule appended to the plaint) out to which the disputed land is 2K-5L (which is hereinafter called 'the suit land').