Shubhro Kamal Mukherjee, J. - (1.) The plaintiff is the appellant in this second appeal. The Title Suit No. 107 of 1973 was instituted by the plaintiff in the court of the learned Sadar Munsif at Suri, Distirict Birbhum, for declaration of right, title and interest of the plaintiff to the suit lands and for. permanent injunction. The plaintiff contended that the suit lands appertaining to C. S. Khaitan Nos. 155, 145, 487 and 139 of Mouza Chandrapur described in lot numbers 1, 2, 3 and 4 respectively of the schedules to the plaint originally belonged to Khagendra Nath Banerjee and his two brothers, who conveyed the same to Dharanidhar Mondal in Magh 1361 B. S. Dharanidhar Mondal in his turn conveyed! the said lands to the mother of the present plaintiff on September 19, 1955 corresponding to 2nd Aswin, 1362 B.S. On the death of the mother off the plaintiff, the plaintiff acquired the property by intientence and began to possess the same. As in the revisional settlement operation) the rights of the said lands have not been correctly recorded the present suit has been instituted.
(2.) The suit was contested by the defendant No.1/state of West Bengal by filing a written statement. In the written statement the State did not dispute the title of the plaintiff in respect off the lands included in lot numbers 2, 3 and 4, but with regard to the lands described in lot number 1, it was contended that the said land was not retained by the predecessor -in -interest of the plaintiff and due to such act of non -retention the properties stood vested in the State.
(3.) At the trial the defendant No. 1/ State of West Bengal did not resist the claim of the plaintiff in respect of the lands described to lot members 2, 3 and 4 and the learned Munsif did not find any difficulty in declaring the title of the plaintiff in respect of those lands. The learned Munsif in the judgment recorded that from R. S. Record of rights it appears that Khagendra Nath Banerjee and his two brothers were ijanadans in to respect of one anna interest and held that raiyati interest was alienated by Khagendra nath Banerjee and his two brothers in favour of Dhananidhar Mondal, who, in his turn, transferred the same to the mother of the plaintiff and, as such, on the death of the mother of the plaintiff, the plaintiff acquired a valid titled in the suit land.;