JYOTIRMAY BHATTACHARYA,J. - (1.) This second appeal is directed against the judgement and decree dated 19th December, 2015 passed by the learned Additional District Judge, Fast Track Court No. 3, Barrackpore, North 24-Parganas in Title Appeal No. 19 of 2012 affirming the judgement and decree dated 20th January, 2012 passed by the learned Civil Judge (Junior Division), Barrackpore in Title Suit No. 137 of 2001 at the instance of the defendants/appellants.
(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order 41, Rule 11 of the Code of Civil Procedure or not.
(3.) The original plaintiff filed a suit for declaration of his title in respect of the suit property and for permanent injunction for restraining the defendants from disturbing his peaceful possession in the suit property. The original plaintiff claimed that Abul Hossain was recorded as raiyat in the C.S. record of rights. He became the raiyat in respect of the suit property by virtue of a registered patta being exhibit-1. The original plaintiff became raiyat in respect of the suit property by virtue of purchase of the suit property from the said recorded owner thereof through a registered kobala dated 13th February, 1974. The said deed of kobala was registered by the constituted attorney of the said Abul Hossain viz. Pir Mohammed and Asgari Begum daughter of Amjad. He claimed that since the time of purchase of the suit property, he has been possessing the suit property. Since his possession was disturbed by the defendants, he filed the said suit before the learned Trial Court.;