Tarun Kumar Gupta, J. - (1.) THIS Second Appeal is directed against judgment and decree dated 30th March, 1983 passed by learned Additional District Judge, Rampurhat, Birbhum in Title Appeal No.384 of 1981 thereby setting aside the judgment and decree dated 21st of 1981 passed by learned Munsif, 1st Court, Rampurhat in Title Suit No.121 of 1978 renumbered as Title Suit No.161 of 1981.
(2.) THE appellant plaintiff"s case, in short, is that the suit plots constituting the tank fishery originally belonged to zamindars Pashupati Chakraborty, Kamalapati Chakraborty and Ramapati Chakraborty. In 1357 B.S. said zamindars settled the suit tank fishery with Umarani Devi subject to payment of an annual rent of one anna, one gonda and four pie and delivered possession to the tenant. Plaintiffs purchased said tank fishery being suit property from Umarani Devi by a registered "Kobala" dated 16th of January, 1962 and since then they were in possession of the same. In the revisional settlement, the suit property was wrongly recorded in the name of former zamindars. In view of said erroneous recording the State Government has been threatening the plaintiffs with dispossession from the suit property for settlement of the same with third parties. Defendant State of West Bengal filed written statement denying material allegations of the plaint and contending inter alia that suit lands were originally recorded in the intermediary khatians of the concerned landlords as they did not retain the same and it accordingly vested to the State. The suit property has already been settled to one Shyamapada Halder for three years with effect from 1385 B.S. Neither Umarani Devi nor plaintiff had any right, title, interest or possession in the suit property and their documents, if any, were false and fabricated. Defendant Nos. 2 and 3 namely Pashupati Chakraborty and Kamalapati Chakraborty being ex-landlords filed written statement in said suit supporting plaintiffs claim. Their further case was that in return submitted on 30.10.1954 they showed the suit lands as settled with Umarani Devi with effect from 1357 B.S. and that they had no possession over the same since then.
(3.) ON the basis of the pleadings of the parties learned Trial Court framed several issues and came to the conclusion that plaintiffs got title over suit property from Umarani Devi who took settlement of the same from erstwhile zamindars and that erstwhile zamindars retained the suit plots by submitting return and that the defendant State had no authority to interfere with peaceful possession of the plaintiffs in suit plots. Accordingly, he passed a decree in favour of the plaintiffs. The defendant State filed an appeal being Title Appeal No.384 of 1981 wherein the aforesaid judgment of learned Trial Court was set aside by allowing the appeal. Hence is this second appeal.;