Jyotirmay Bhattacharya, J. - (1.) This Second Appeal is directed against the judgment and decree dated 29th August, 2011 passed by the learned Civil Judge, Senior Division, 1st Court at Hooghly, Chinsurah, in Title Appeal No. 12 of 2010 reversing the judgment and decree dated 4th November, 2009 passed by the learned Civil Judge, Junior Division, 1st Court at Chandernagore, in Title Suit No. 192 of 2003 at the instance of the defendants/appellants.
(2.) Let us now consider as to whether any substantial question of law is involved in this Second 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. It is an admitted position that Jugal Kishore Singha Roy, the predecessor of the plaintiff, was the owner of plot no. 1943/2925 ad measuring 1.14 decimals of land and Dag Nos. 1943 and 1943/2924 ad measuring .58 and .46 acres of land respectively.
(3.) The disputed suit plot is plot no. 1943/2925. Those plot numbers were allotted in respect of those plots of land by the LR department in course of khanapuri bhujirath proceeding. The said Jugal Kishore Singha Roy executed a deed of settlement on 30th July, 1980 bequeathing the land lying in plot no. 1943/2925 measuring about 1.14 acre of land in favour of the plaintiff. The plaintiff, thus, claims absolute title in respect of the said plot of land being identified as plot no. 1943/ 2925 during the khanapuri bhujirath proceeding. Subsequently, in a proceeding under Section 51A(1) of the West Bengal Land Reforms Tenancy Act, 1955 the said plot of land being 1943/2925 was renumbered as LR plot no. 1943/2965. Such renumbering of the suit plot by the LR department in the proceeding under Section 51A(1) of the West Bengal Land Reforms Act, 1955 created confusion with regard to the title of the plaintiff in respect of the suit plot as in the said proceeding under Section 51A(1) of the West Bengal Land Reforms Act, 1955 the renumbered plot no. 1943/ 2925 was given to another raiyat, namely, Kartick Chattopadhyay.;