- (1.) Three second appeals being S.A. Nos. 192, 193 and 194 of 1999 came up for hearing together inasmuch these three second appeals came out of analogous judgments passed by the first appellate Court hearing three first appeals analogously, consequent to the judgment and decree (single) passed in three title suits which were also heard analogously. The factual background of the three appeals in brief can be stated in the manner as follows :- One Sarojini Sarkar, the grandmother of Sri Kanak Kr. Sarkar (the plaintiff of Title Suit No. 614 of 1978) was the zamindar in respect of the property in C.S. Dag No. 235 under C.S. Khatian No. 1497 in Mouza- Chanak. In R. S. Record of Rights the said Dag and Khatian were split up and recorded as Dag No.1) 557, Khatian No.-1970 where occupant was shown as Dhanapati Bhakat; 2) Dag No. 558, Khatian No.-1971 where occupant shown as Ramcharan Ram and; 3) Dag No. 559, Khatian No.-1972 which was shown as Dakhalkar Chandina under the occupation of one Ledu Karmakar, S/o-Late Radharaman Karmakar and the land involved here was 0.60 decimals with structure standing thereon.
(2.) Said Sarojini Sarkar sold the said suit property to Sri Monmothonath Ghosh, the brother-in-law of Sushil Sarkar (father of the plaintiff in T.S. No. 614 of 1978 Kanak Kr. Sarkar) through a registered sale deed dated 16-11-1931.
(3.) Monmothonath Ghosh, who is the brother-in-law of Sushil Sarkar filed a suit being Title Suit No. 783 of 1954 against Ledu Karmakar in respect of land along with structure thereon in respect of 'A' schedule property (Title Suit No.614 of 1978) for eviction and khas possession.;