ASHIM KUMAR BANERJEE J. - (1.) DEBDAS Biswas and Bipradas Biswas filed a suit in 2004 against Smt. Premlata Biswas, Adhir Ranjan Haldar and Namita Haldar, inter alia, claiming for a declaration that the suit property comprised of 2.92 acres as fully described in the schedule should be declared as belonged to the plaintiffs with a corresponding prayer for demarcation of the land in question through a joint survey with the defendants. The defendants filed Written Statement denying the ownership as claimed by the plaintiffs over the land in question that became the subject matter of dispute.
(2.) IF we look back, we would find that Bilat Mondal, Rajab Ali Mondal, Kachhim Mondal, Ichhab Mondal, Taleb Mondal, Chiyam Mondal, Ahad Mondal, Majid Mondal and Phani Bibi were the owners of the land in question as per C.S. record. Majid, Phani, Chhiyam, Ichhab and Kachhim transferred their shares through oral sale in favour of Bilat Ali, Rajab Ali, Rakhal Mondal and Taleb Mondal. Accordingly, the transferees were duly recorded in R.S. records. The plaintiffs purchased the property from Taleb Ali, Sarbat Ali Biswas, Ilias Ali and Idris Ali Mondal. They purchased the share of Phani Bibi. Plaintiffs also purchased the share of Chhapinnechha Bibi and Rokina Khatun. The plaintiffs, thus, claimed ownership of the Subject land derived from Bilat Ali group and their successor in interest. On the other hand, the share of Fakir Chand Mondal was purchased by Kanai Lal Mallik and Balaram Mallik. They sold their shares to one Sailen Biswas and Fatik Biswas. Sailen Biswas and Fatik Biswas transferred their share subsequently in favour of Adhir Ranjan Haldar and Namita Haldar.
(3.) PREMLATA however, claimed ownership of the share belonged to Kashem as PREMLATA purchased the property from the heirs of Majid and widow of Kashem. The plaintiffs, however, contended that the day PREMLATA acquired the share the heirs of Majid or Kashem did not have any interest in the property at all that could be transferred in favour of PREMLATA. Thus, she was not entitled to any share. As and by way of an alternative submission, PREMLATA could, at best, get title to the extent of 7-18th share. The plaintiffs Debdas and Bipradas filed a suit in 1971 being Title Suit no.201 of 1971 that was re-numbered as Title Suit no.11 of 1973. In the said suit Debdas group, the plaintiffs claimed that they were owners of the property in question and prayed for recovery of possession of the entire property to the exclusion of Abani Kumar Biswas.;