SALMA KKHATOON Vs. KALYAN KAR

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiffs -appellants -appellants against the judgment and decree of 3rd Additional District Judge (FTC), Jamtara passed in Title Appeal No. 21/96/17/2002 dismissing the appeal. The plaintiffs filed the suit for declaration of their right, title and interest and for declaring that the orders passed by the Additional Deputy Commissioner as well as commissioner under the provisions of Santhal Pargana Tenancy Act is void, illegal and ineffective. The plaintiffs also prayed for decree of permanent injunction, restraining the defendants from evicting the plaintiffs from the suit property.

(2.) THE case of the plaintiff is that her father was a Jamabandi raiyat and he had been in possession of the suit property measuring an area of 3 1/2 decimals since 1937 which was given to the father of the plaintiff by the defendant No. 9. She claimed to have acquired title by adverse possession. Further case of the plaintiff is that the defendant Nos. 5 to 8 sought restoration of the said land under the provisions of Santhal Pargana Tenancy Act and the restoration was erroneously allowed by the Deputy Commissioner, which was also confirmed by the Commissioner, Santhal Pargana Division. The said orders are illegal and contrary to law.

(3.) LEARNED trial court framed several issues. Both the parties led evidences. After thorough consideration of the pleadings, evidences and materials on record as well as provisions of law, learned trial court came to the finding that the orders of the authorities are correct and they have acted in accordance with law within their jurisdictions and have rightly ordered for eviction of the plaintiffs from the suit property. The trial court dismissed the plaintiffs suit.