PRASENJIT MANDAL,J. - (1.) THIS second appeal is at the instance of the defendants/appellants herein and is directed against the judgment and decree dated August 31, 2007 passed by the learned Additional District Judge, 1st Court, Howrah in Title Appeal No.1 of 2007 thereby affirming the judgment and decree dated November 30, 2006 passed by the learned Civil Judge (Junior Division), 6th Court, Howrah in Title Suit No.101 of 2005.
(2.) THE original plaintiff, Smt. Sovona Sarkar filed a title suit being Title Suit No.101 of 2005 for declaration of title, permanent injunction and other reliefs. The defendants are contesting the said suit by filing a written statement denying the material allegations raised in the plaint and he has submitted that he is a tenant in respect of the Schedule 'B' property and has made construction on the Schedule 'C' property as described in the schedule to the plaint. The suit property as described in Schedule 'A' to the plaint is of intermediary status and as such, the same has been vested in the State and so, from the date of vesting, the tenant became a direct tenant under the State and as such, the plaintiff has no right, title and interest over the suit property. The L.R. record of rights has been prepared in the name of the defendants and they have paid rents and taxes to the Municipality. They obtained a sanctioned plan for making construction on the Schedule 'C' property. Since vesting the plaintiff has no right, title and interest in the suit property. She cannot get any relief as sought for in the plaint and as such, the suit should be dismissed.
(3.) THE learned Trial Judge upon analysis of the evidence adduced by the parties has held that the plaintiff has been able to prove the plaint case and accordingly, he has decreed the suit on contests without costs. He has declared that the plaintiffs are the absolute owners in respect of the Schedule 'A' property.;