Bibek Chaudhuri, J. - (1.) Judgment and order of remand passed in Title Appeal No.14 of 1992 by the learned Additional District Judge, Tamluk, Midnapur on 6th April, 1999 came under challenge at the instance of the plaintiffs/appellants in the instant appeal.
(2.) Facts of the case leading to the filing of the instant appeal in a nutshell are as follows:-
(3.) One Rustam Sha, original plaintiff filed a suit for declaration of title and permanent injunction against the defendants before the 1st Court of the learned Munsif, Tamluk. The said suit was registered as Title Suit No.63 of 1987. In his plaint, the original plaintiff, namely, Rustam Sha, since deceased, alleged that he was the absolute owner by purchase of the piece and parcel of land measuring about 72 decimal out of 90 decimal in dag No.310 of khatian No.67 of mouza Kastokhali within PS Sutahata, District Midnapur. He purchased well demarcated 72 decimal of land described hereinabove by a registered deed of sale executed on 12 March, 1952 from the erstwhile owner, namely Rajanikanta Samanta. After purchase, he had been possessing the said property by cultivation. It was further pleaded by the original plaintiff, since deceased that the name of the father of the original plaintiff was Ujir Sha. Ujir Sha had a brother, named, Najir Sha. Both Ujir and Najir used to live in joint family at village Kastokhali. Though the plaintiff was a son of Ujir Sha during his life time, he used to stay separately and maintained his family with his own earning. The original plaintiff also claimed that he used to work as a mason in Calcutta and also in their locality and accumulated some money after maintaining his family. With the said money the original plaintiff purchased the suit property from the said Rajanikanta Samanta, erstwhile owner. The name of the plaintiff was recorded as the raiyat of the said land in revisional settlement and they published in final published record of rights. However, during LR operation the contesting defendants who are the legal heirs and successors of the uncle of the plaintiff, namely Najir Sha, since deceased, raised certain dispute and claimed joint ownership of the suit property. In order to settle the dispute amicably, a village salish was held in presence of local Panchyat Pradhan and other villagers. In the said meeting, the original plaintiff handed over original deeds and documents in respect of the suit property to the Pradhan of the local Panchyat who in turn issued a receipt in favour of the original plaintiff. It was also mentioned that Ujir Sha and Najir Sha, during their life time purchased various non suit properties in the names of their children. There is no difference or dispute between the parties regarding enjoyment of the said non-suit properties. Since the defendants No.1-9 being the heirs and successors of the said Najit Sha raised a dispute regarding exclusive ownership of the original plaintiff over the suit property, the plaintiff was compelled to file the suit for declaration of his exclusive title over the suit property and permanent injunction restraining the defendants from creating any obstruction in plaintiffs peaceful enjoyment and possession over the suit property.;