SADHAN CHANDA Vs. JAGADISH NATH

JUDGEMENT

(1.) This second appeal is filed by the defendants / appellants challenging the appellate judgment and decree dated 22.8.98 passed by the learned Civil Judge (Senior Division) No. 2, Hailakandi, in T.A. No. 19/98 whereby dismissing the appeal, the decree passed by the learned trial Court in TS No. 82/92, decreeing the suit of the plaintiff for khas possession was affirmed.

(2.) I have heard Mr. B. R. Dey, learned senior counsel for the appellant and Mr. M. Nath, learned counsel for the respondents.

(3.) The facts that emerge from the pleadings of the parties necessary for disposal of this appeal are that one Bhupendra Chakravorty took settlement of the suit land from late Jitendra Chandra Nath, the brother of the plaintiff-respondents. Subsequently on amicable partition, the schedule land fell in the share of the plaintiff. Late Bhupendra Chakravorty without the knowledge of the plaintiff-respondents illegally transferred the suit land to one late Prabhat Chandra Chanda, the predecessor of the principal defendants. The plaintiff-respondents having required the suit land for their personal use and occupation orally asked the appellant-defendants to vacate the same, but they not having complied with such demand of the plaintiff-respondents, registered notice to that effect was also served upon the defendant No. 3 asking to vacate the suit land. However, the same not having complied with, the plaintiffs-respondents filed the Title Suit No. 82/92.