Prodyot Kumar Sen, J. - (1.) This appeal is at the instance of defendants and is directed against the judgment and decree passed by Sri N. K. Panja, Asstt. District Judge, Hooghly, affirming the decision of Sri K. L. Chakraborty, Munsif, 2nd Court, Chandannagar, by which the learned Munsif decreed the suit of the plaintiff.
(2.) The facts which are relevant for the purpose of this second appeal are that the plaintiffs, who are respondents before this Court, filed a suit for declaration of title and permanent injunction upon the allegation that they are the owners of the suit property by way of inheritance from their predecessor Late Nagen Giri, who had raiyati interest. Their further case is that before promulgation of West Bengal Estates Acquisition Act, Nagen had tenancy right in the suit property under proforma defendant No. 6 who had only rent receiving interest. The suit property along with other properties then were recorded in the name of Nagen Giri. Defendants are inimical to the plaintiffs and defendant Nos. 1 to 5 have procured a fictitious deed of sale from proforma defendant No. 6 in collusion with him, who had no salable interest in respect of the suit property at that time. The defendants 1 to 5 have no right, title or interest in the suit property but they are threatening the plaintiffs to dispossess. Hence the suit.
(3.) In contesting the claim of the plaintiffs, the defendant Nos. 1 to 5 upon filing a written statement asserted that the property belonged to Nagen Giri, Jatin Giri and Anudhaj Giri. The suit property was acquired from the joint family found of others. Nagen was the 'Karta' of the joint family and the suit property was purchased in the benami of pro-forma defendant No. 6 Kuber Giri. Jatin Giri died leaving behind two sons namely Kuber that is proforma defendant No. 6 and Handu alias Biren Giri. Thereafter, Anudhaj died leaving behind his sons as his heirs. Thereafter, joint family property were amicably partitioned between Nagen and their nephews. By virtue of amicable partition, the western half suit land of dag No. 298 was allotted to Kuber Giri and ' eastern half was allotted to Handu alias Biren. Defendants claims to have purchased the western half from Kuber Giri by virtue of a registered deed of sale dated 17.7.70 on payment of Rs. 3,500/-. Since then they are in possession. The entries in the R. S. Khatian showing Nagen Giri as having raiyati interest under Kuber Giri was erroneous and so their prayer was for dismissal of the suit.;