MONORANJAN PAUL Vs. NARENDRA KUMAR PAUL

JUDGEMENT

(1.) This second appeal by the defendant-appellants is directed against the judgment and decree dated 30/05/1978 allowing the appeal filed by the plaintiff-respondents from the original decree dated 30-1-71 passed by the learned Munsiff, Kailashahar in T. S. 7 of 1966 dismissing the suit for declaration of title and khas possession.

(2.) To appreciate the contentions canvassed at the Bar by learned counsel of both the sides it is necessary to state the facts briefly. The subject matter of the suit related to a plot of land measuring 1 kani appertaining to Dag No. 118/1 of Khatian No. 17 of Mouja Manu Valley.

(3.) Put very shortly, the case of the plaintiff was that Padmalochan Paul and Bilashmani Paul were the original owners of the land measuring 7 drones 2 kanis appertaining to Touji No. 81/1 of Mouja Samrurpar and out of this 7 drones 2 kanis Padmalochan Paul was the owner and possessor of 6 drones 2 kanis of land and Bilashmani Paul was the owner and possessor of 1 drone of land. After the death of Padmalochan Paul his sons namely Pitambar Paul and Prasanna Paul inherited the aforesaid land of their father. Thereafter the plaintiff who is the son of Pitambar Paul and Mahendra Paul (the other son) who is the father of defendants 1, 2 and 3 purchased the entire share of Prasanna Paul by dint of a Kabala dated 5-9-1335 T. E. Thus the plaintiff and Mahendra Paul became owners and possessors of 6 drones 2 kani of land of Touji No. 81/1 and the aforesaid I drone of land remained in possession of Bilashmani Paul. Both the plaintiff and Mahendra Paul got their names mutated over 6 drones 2 kanis of land and subsequently the plaintiff and Mahendra Paul amicably partitioned their lands and according to the partition plaintiff got 3 drones 1 kani of land in his share and Mahendra Paul got 3 drones 1 kani of land in his share. After partition Mahendra. Paul sold 1 drone of land to Amrit Tahiri out of his share by a registered deed of sale dated 12th of Bhadra, 1338 T. E. He also sold 10 kanis of land to one Sarat Malakar and this 10 kanis of land was again purchased by plaintiff by a registered deed dated 12-2-1347 T. E. Thereafter the wife of the plaintiff purchased 9 kanis 5 gandas of land from the aforesaid Bilashmani Paul. Thus by inheritance and purchase the plaintiff became owner of 4 drones 4 kanis and 5 gandas of land of the said Touji No. 81/1 and after sale Mahendra Paul owned only 1 drone 7 kanis of land which was inherited by the sons of Mahendra Paul namely defendants 1, 2 and 3.