INDRAJIT CHATTERJEE,J. - (1.) This court is hearing this appeal as against the judgment and decree passed by the learned Additional District Judge, Fast Track, 4th Court, Krishnanagar, District: Nadia as passed on 4th April, 2008 in Title Appeal No. 76 of 2005 wherein the learned Court of First Appellate was pleased to allow the appeal on contest and set aside the judgment and decree passed by the learned Civil Judge (Junior Division), Nabadwip, District: Nadia, in connection with Title Suit No. 45 of 1997 on 31st January, 2005. Let me start with the fact on which the parties fought the legal battle before the Trial Court.
(2.) The case was filed on 15th July, 1997 before that court at Nabadwip and originally, it was a suit for declaration of title and permanent injunction. On 15th of March, 1998, the plaint was amended to incorporate therein the story of dispossession to the extent of 17 decimal out of 44 decimal and prayer was also made for recovery of Khas possession and for mandatory injunction. This may be treated as the prelude.
(3.) The plaintiffs came up with the case that the suit property originally belong to Santosh Kumar Chatterjee and he sold the suit property to Uchhap Sheikh, i.e. the predecessor -in -interest of the plaintiffs and the proforma defendant nos. 13 to 26 as per registered deed of sale dated 14 -11 - 1941. The plaintiffs claimed that since purchase, Uchhap was in exclusive possession of the suit property till his death. The plaintiffs admitted that Uchhap has two brothers, namely, Abdul Joban and Abdul Khabir who used to reside in separate Mess from Uchhap. The plaintiffs also claimed before the learned Trial Court that the C.S. R.O.R was wrongly prepared in the names of Uchhap Sheikh, Abdul Joban and Abdul Khabir. It was also the case of the plaintiffs that the entries of the R.S.R.O.R. in respect of the suit property as regards the story of dispossession as per one amicable settlement is wrong. This court has been appraised by the appellants that the L.R. R.O.R of the suit property has been recorded in the names of the plaintiffs and the proforma defendants. Thus, the plaintiffs before the Trial Court claimed that they have good title over the suit property along with proforma defendants referred to above which they inherited from Uchhap Sheikh. ;