Soumen Sen, J. - (1.) THERE are two revisional applications filed in connection with T. Appeal No. 6 of 2008. Both the revisional applications have been filed by the plaintiff, being aggrieved by the order passed by the Civil Judge, (Senior Division), Ranaghat on 22nd December, 2010 being the subject matter of C.O. 1816 of 2011 and another impugned order dated 5th September, 2011 being the subject matter of challenge in C.O. No. 4206 of 2011. The plaintiff filed a declaratory suit being Title Suit No. 55 of 2004 praying, inter alia, a decree for declaration of title in respect of "A" and "B" Schedule properties. It was alleged in the plaint that Schedule "A" and "B" properties is a pucca two storied old dwelling house.
(2.) THE original owners were intermediaries and became owners of the schedule properties by reason of a compromise in a partition suit instituted by them being T.S. No. 52 of 1925. Khagendra Nath Mukherjee the father of the plaintiff out of 15 decimals got 12 decimals of land which he retained by filing "B" form. It was alleged that the suit property in "B" Schedule cannot vest since it was allowed to be retained and accordingly such vesting is illegal and without jurisdiction.
(3.) THE State of West Bengal contested the suit by filing the written statement. The suit was however dismissed on contest. The plaintiff being aggrieved preferred an appeal. In the appeal an application was filed on 6th May, 2010 under Order XLI, Rule 27 read with Section 151 of the Code of Civil Procedure for leave to adduce additional evidence on the ground that in the written statement filed by the State of West Bengal. It was claimed that four and half decimals of land of the said plot was vested in the State and the State claimed to have taken possession of the said vested land.;