ON THE DEATH OF RESPONDENT NO. 1, KULA CHANDRA SINHA Vs. SRI RAMESWAR SINGHA, SON OF LATE THAMBOTAL SINGHA

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel, appearing on behalf of the appellant/ defendant and Mr. B. Sinha, learned counsel, appearing on behalf of the plaintiffs/respondents.

(2.) The present appellant is the defendant in Title Suit No. 165/2001 filed by the plaintiffs/ respondents for declaration of the right, title, interest and possession in their favour alongwith the relief for confirmation of possession and for permanent injunction. The original plaintiff/ respondent Nos. 1 and 2 died during the pendency of this appeal and their respective legal heirs were substituted vide order dated 14.2.2013, passed in M.C. No. 1511/2008 and order dated 16.5.2011, passed in M.C. No. 1315/2011 respectively.

(3.) Within a very short radius, the facts leading to filing of the suit by the plaintiffs/ respondents is that the suit land described in the schedule of the plaint alongwith its adjacent land measuring 5 (five) Kathas was the jote land of late Kamal Sinha, the paternal grandfather of the plaintiffs/ respondents under the mirasdar, Kunja Bihari Choudhury and on the death of said mirasdar, the said jote right was renewed by the wife of the said mirasdar by way of a Patta Patra on 15th Baishak, 1314 Bengali year in favour of the said Kamal Sinha. His son Tambi Sena Sinha inherited the jote right in the aforesaid 5 Khatas of land and the plaintiffs/respondents inherited and possessing the same by acquiring the status of the land holder.