SUNITI PRAVA SEN AND ORS. Vs. BASANTI DUTTA

JUDGEMENT

(1.) The suit out of which this appeal has arisen was instituted by the respondent against the appellant No. 1 and her husband, appellant No. 2 Prince deceased) and now represented by the legs heirs for declaration of title over a plot of land measuring 1 kani, 6 gandas, 2 karas, 1 kranta and B (doors (here-in-after referred to as the suit land) and recovery of possession of the same.

(2.) The case of the plaintiff-respondent, shortly put, is that one Suraj Ali and Digendranath Bhat-tacherjee jointly owned land measuring 4 kanis, 3 gandas, 3 karas appertaining to note No. 252, 154 md 195 of Mouja Fatikuli, more particularly described in schedule 'A' of the plaint and one KalikinkarSarma was the owner of land measuring 2 gandas, 2 krantas and 10 dhoors appertaining to No. 84 of Mouja Fatikuli described under item No. 2 of schedule 'A' of the plaint. These three owners were possessing their lands in assertion of their right, title and interest for more than the statutory period of 12 years and while they were possessing the land, one Paresh Ch. Chakraborty purchased the aforesaid land of Suraj Ali and Digendranath Bhattacherjee by dint of a registered Kabala on 8-7-50 and possessed the same peacefully in exercise of his own right.

(3.) Sri Paresh Ch. Chakraborty, however, disposed of the aforesaid land of schedule 'A' of the plaint to different persons in plots including the Plaintiff by executing registered sale deeds. The Plaintiff purchased 1 kani, 6 gandas described in item No. of schedule 'B' of the plaint by dint a of registered Kabala dated 16-9-51 and she also purchased 2 gandas, 2 krantas and 10 dhoors of note No. 84 described in item No. 2 of schedule 'B' in the plaint from Kalikinkar Sarma by registered Kabala dated 13-11-52.