Hrishikesh Banerji, J. - (1.) The substantial question of law involved in this Second Appeal is whether the First Appellate Court was justified in dismissing the plaintiffs/appellant's suit for declaration of title to the suit land, and for permanent and mandatory injunctions, only on the ground that in the plaint there is no prayer for recovery of possession of the suit land.
(2.) The late Hirendranath Roy owned and possessed 12 cents of land in C.S. Plot No. 3105 in Mouza-Anup Nagar, P.S. Samsergunj, Jangipur, in the District Murshidabad. The said C.S. Plot was later subdivided into four R.S. Plots being R.S. Plot No. 3105 measuring .05 cents, R.S. Plot No. 3105/3831 measuring 3 cents, R.S. Plot No. 3105/3832 measuring 2 cents. The subject- matter of the present suit is 5 cents of land in R.S. Plot No. 3105.
(3.) The defendant's predecessor-in-interest Basanta Ghosh and some others who had been washermen and servants of the Zaminder of Kanchatala, the predecessor-in-interest of the appellants, were allowed to reside temporarily in the said C.S. Plot No. 3105 which was later subdivided as stated above. During the Revisional Survey Operations, the said Basanta Ghosh, one Judhisthir Rajak and others taking advantage of the absence of the Zaminders who were then residing in Calcutta, got the C.S. Plot No. 3105 comprising the aforesaid four sub-plots recorded in their names under Soudamini Roy, the paternal grandmother of the plaintiff Nos. 1 to 3 in the present suit. Knowing about the said erroneous entries in R.S. record-of-Rights, the plaintiffs revoked the permissive possession of those persons and brought a civil suit being T.S. No. 38 of 1965 for recovery of possession against the present defendants and others.;