- (1.) THIS is an appeal by the first defendant, Satya Narayan Patel, from an appellate judgment and decree of reversal.
(2.) SATYA Narayan died during the carriage of the appeal and has since been substituted by his heirs, P. Bhaskaran and others.
(3.) WHAT is in controversy here is a parcel of land described as plot No. 3820 (admeasuring 0. 20 acres) under khatian No. 413 of mouza Hirapore within the jurisdiction of Asansol police station. The Indian Iron and Steel Company (shortened hereafter into "the Company") purchased this land on September 3, 1948, by a saledeed, the certified copy of which is exhibit 1. So, it did, from the three sons and the wife of the original owner, Basudeb Thakur, who had died on April 30, 1948, leaving the said vendors him surviving. The consideration was Rs. 883 odd. In December 1949 Satya Narayan was found digging this very land for construction of structures. Protest first oral and then written - followed. The written one was by a notice dated February 4, 1950, exhibit 2, the acknowledgment of which is exhibit 3. But the only result such protest yielded was the completion of the construction begun earlier, Hence the suit by the Company on July 4, 1953, against Satya Narayan and also against its four vendors, said to be in collusion with the former, (i) for declaration of its title to the land in controversy, (ii) for recovery of khas possession thereof, and (iii) for a mandatory injunction too for removal of the constructions made.;