Arun Kumar Mitra, J. - (1.) THIS second appeal has been preferred challenging the judgment and decree dated 4.8.94 and 12.9.94 respectively passed by the learned Assistant District Judge at Alipore in Title Appeal No. 213/1993 affirming the judgment and decree dated 31.393 and 19.4.93 respectively passed by Shri G. Ghosh Mullick, learned Munsif First Court at Alipore in Title Suit No. 162/1990. The instant suit being Title Suit No. 162/1990 is a suit for declaration and for permanent injunction.
(2.) THE plaint contains the following prayers : (a) A decree for declaration that the plaintiffs are the absolute owners of the suit property by virtue of their possession and occupation of the suit property by the law of adverse possession and occupation more than 12 years without anybody's obstruction, objection and interruption. (b) A decree for declaration that the defendants have got no right to obstruct and also to interfere in respect of the plaintiff's peaceful possession and occupation in connection with the suit property. (c) A decree for permanent injunction restraining the defendants and its members and their men and agents from disturbing and interfering for the possession of the plaintiff in the suit property in any manner whatsoever. (d) Costs. (e) Any other or for relief or reliefs, the plaintiffs may be found entitled to in law and in equity. The case as has been made out in the plaint is as follows: Originally, the recorded owners of the suit property were Debprasanna Ghosh, Shuvaprasanna Ghosh and Taraprasanna Ghosh who were the joint owners of the property. Thereafter, by virtue of a decree of a partition amongst the above named three co -sharers the suit property was allotted in the share of said Taraprasanna.
(3.) ONE Sreenath Mondal the father of the plaintiffs Nos. 2 and 3 and the husband of the plaintiff No. 1 migrated to West Bengal in the year 1946 along with his family members as refugees. At that time, the suit property was lying as a fallow land as well as vacant and the friends and relatives of Sreenath Mondal who were living in the adjoining squatters colony of the suit property brought Sreenath Mondal in the property and the said Sreenath Mondal occupied the entire suit property including the pucca structure standing and lying therein and settled himself there with his family members and continue to live there, within the knowledge openly or everybody including the Landlord of the property.;