ANIL KUMAR BISWAS Vs. RASH MOHAN SAHA

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of the Plaintiff's title to the land in dispute on the allegation that it was included in a separate estate which was allotted to his predecessor-in-title upon a partition of the parent estate between him, the contesting Defendants and certain other co-sharers. It was further alleged that the disputed land was shown in the partition map as having been allotted to his predecessor-in-title, that the latter had obtained possession of the land in accordance with the map : that the Plaintiff and his predecessor-in-title had been in possession by receipt of rent from tenant, and that, as the contesting Defendants Nos. 5 to 7 were attempting to prevent the tenant from paying the rent to the Plaintiff, he brought this suit for declaration of his title and for confirmation of possession.

(2.) The main defence was that the land in dispute was allotted to the Defendants taluk on partition according to the partition papers.

(3.) The Court of first instance held that the land in dispute was allotted to the Defendants Nos. 5 to 7 by the partition papers, and that the Civil Court had no power to question the correctness of the orders passed in the partition proceedings.