KUSUMI MALLIK Vs. PIRABALA DAS

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment dated 20 -12 -2003 and decree dated 03 -01 -2004 passed by the Civil Judge (Sr. Div.), Morigaon in Title Appeal No. 27/2003 reversing the judgment and decree passed by the Civil Judge (Jr. Div.), No. 1, Morigaon in Title Suit No. 03/2000 dismissing the suit filed by the plaintiff/respondent.

(2.) THE background facts of the case as emerged from the record can be noticed as follows. According to the plaintiff's version her father Ramesh Chandra Sikdar was the original owner of land measuring 16B -4K -18L covered by different Dag numbers in the following proportion:

(3.) THE plaintiff's case is also that she is presently in possession of land measuring 0B -2K -18L covered by Dag No. 153 which is described in the schedule -B to the plaint. Since each of the legal heirs of Ramesh Chandra Sikdar would be entitled to 1/7 share in the property left behind by him, which according to the plaintiff is the area of land measuring 13B -0K -16L, hence, the plaintiff claimed to be entitled to total area of 2B -0K -19L of land in her paternal property. Such being the position the plaintiff has prayed for declaration of her right, title and interest to the extent of land included in schedule -A of the plaint; confirmation of her possession in respect of land described in schedule -B to the plaint and recovery of khas possession in respect of land described in schedule -C of the plaint being the balance portion of land which she is entitled to beside seeking other consequential relief.