B.Bhattacharya, J. - (1.) This second appeal is at the instance of a plaintiff in a suit for declaration of title and permanent injunction and is directed against the judgment and decree dated June 3, 1980 passed by the learned Additional District Judge, 12th Court, Alipore in Title Appeal No. 413 of 1978 thereby affirming those dated March 29, 1978 passed by the learned Munsif, 1st Court, Diamond Harbour in Title Suit No.8 of 1977.
(2.) The aforesaid Title Suit No. 8 of 1977 was initiated by the present appellant for declaration of title and permanent injunction against the State of West Bengal and the case made out by the plaintiff was inter alia as follows :-
(3.) The property originally belonged to one Harihar Sarkar, who was holding rayati interest. The father of the present appellant executed a registered kabuliyat by which he agreed to take settlement from 21st Chaitra, 1361 B.S. corresponding to April 4, 1955 and expiring with the month of Magh 1362 B.S. According to the plaintiff after the coming into operation of the West Bengal Estate Acquisition Act ("Act") his father became direct tenant under the State of West Bengal and his name was also recorded in the revisional record of right.;