MOHD. ABDUL GANI Vs. SHIBAPADA MOOKERJEE
HIGH COURT OF CALCUTTA
Mohd. Abdul Gani
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Raghunath Bhattacharyya, J. -
(1.)This appeal has been directed against the judgment and the decree passed on September 12, 1962, by a learned Subordinate Judge, 24 -Parganas, in T.A. 417 of 1961, reversing those of a Court of the Munsif at Bangaon passed in T.S. 142 of 1957. The Appellants before this Court were the Plaintiffs in the original suit.
(2.)In short, the case in the plaint is that the Plaintiffs, four in number, have a raiyati sthitiban holding in respect of plot No. 871 measuring 1 -95 acres recorded in R.S. khatian No. 327 at an annual rental of Rs. 7 -50 paise. Previously, their landlords were the Defendants Nos. 1 to 3; but after the date of vesting, the pro forma Defendant No. 4, the State of West Bengal has become their landlord. It has been claimed further that the Plaintiffs have acquired perfect title also by their possession for more than twelve years. It is alleged that the Defendants Nos. 1 to 3 in Baisakh 1363 B.S. unlawfully entered on the plot No. 871, which is the suit land and have been possessing the same in spite of protest. The suit was, therefore, filed by the Plaintiffs for a declaration of their title to the land in question and for evicting the Defendants therefrom. The State of West Bengal was made a pro forma Defendant.
(3.)The Defendants Nos. 1 to 3 filed a joint written statement. Their case is that the suit is not maintainable as no notice under Sec. 80 of the Code of Civil Procedure was served on the pro forma Defendant No. 4. The suit is barred by limitation. It has been alleged that the Plaintiffs had never been tenants under the Defendant in respect of the suit land, neither had they any possession therein at any point of time. The Plaintiffs never paid any rent to the Defendants for the suit land. The Defendants have claimed the said land as their khas property. During the last revisional settlement operation the Plaintiffs managed to get the land recorded in their names fraudulently and without the knowledge of the Defendants, but during the settlement operation for the purpose of estate acquisition, the names of the Defendants have been correctly recorded.
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