TAPASH MOOKHERJEE,J. - (1.) The present second appeal is directed against the judgement dated 30th January, 1999 passed by the learned Civil Judge (Senior Division), Ranaghat, Nadia in Title Appeal No. 50 of 1995 by which the Appellate Court affirmed the judgement and decree passed by the learned Munsif, Additional Court, Ranaghat on 30.8.1995 in Title Suit No. 5 of 1995.
(2.) The defendants in the suit are the appellants and the plaintiff in the suit is the respondent herein.
(3.) The plaintiffs' case in the suit may be summarized, in short, as follows:- 4. The suit property is a piece of land in R.S.Plot No.254 Measuring an area of five 'Katha' in Mouza Taherpur under Police Station-Ranaghat in the District of Nadia detailed in schedule to the plaint, originally belonged to the Relief and Rehabilitation Department of the State of West Bengal. The suit property was at first allotted to the plaintiff's husband who migrated in India as a refugee from erstwhile East Pakistan. Subsequently, the Government of West Bengal by an indenture dated 3rd June, 1989 gifted the suit property to the plaintiff. After the death of plaintiff's husband, she started to reside at her place of work because of which the plaintiff engaged her neighbour one, Anil Kumar Basu to look after the suit property. The said Anil Kumar Basu let out the suit property to one, Santosh Karmakar as a tenant but subsequently, the said tenancy was surrendered. Thereafter, the said Anil Kumar Basu without any permission from the plaintiff, allowed her daughter and son-in-law who are the defendant nos. 1 and 2 in the suit to possess the suit property on condition that they would vacate the suit property as and when asked for. Subsequently, the defendant nos. 1 and 2 refused to vacate the suit property. Hence, the plaintiff filed the present suit praying for declaration of her title in the suit property and recovery of her possession and other related reliefs as well.;