- (1.)Leave granted.
(2.)This appeal is directed against the judgment and decree dated March 13, 2008 passed by the High Court of Calcutta in Second Appeal No.490 of 1993 by which the High Court while allowing the second appeal filed by the respondents herein, set aside the concurrent judgments of the Trial Court and the First Appellate Court.
(3.)The facts revealed in this case are that respondent Nos.1 to 6 herein filed a suit in the Court of First Munsif, District Malda, praying, inter alia, for a permanent injunction against the defendants (who are appellants herein) by declaring the title over 27 decimals of land in R.S. Plot No.95/425 situated in Mouza Mahesh Mati, P.S. Engrej Bazar in District Malda, West Bengal. The Munsif Court, Malda, by its judgment and order dated May 15, 1989 dismissed the said suit with the finding that the plaintiffs did not have any right, title or interest in the schedule property. Aggrieved by the dismissal of their suit, the respondents- plaintiffs preferred first appeal, being O.C. Appeal No. 25 of 1989, before the District Judge, Malda, wherein they specifically pleaded that they owned and possessed the suit land within the boundary through purchase and gifts. Simultaneously, further claimed the title to the whole area by adverse possession. On July 12,1991, the Assistant District Judge, Malda dismissed the First Appeal and upheld the findings of the Trial Court. Aggrieved thereby the respondents-plaintiffs preferred a second appeal before the Calcutta High Court stating, inter alia, that in a dispute in a conveyance deed between the area and description of boundary, the description of boundary would prevail and also pointed out that the Court below had failed to consider the question of adverse possession.