SUNIL KUMAR LAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal directed against the appellate judgment and order dated 20th January, 1976, passed by the learned Additional District Judge, Burdwan, in Title Appeal No.192 of 1974 in dismissing the appeal, preferred by the plaintiff-appellants (herein) and thereby affirming the judgment of the learned Munsif, Second Court, Durgapur, by which the suit for declaration of title in respect of the suit property, filed by the plaintiff was dismissed.

(2.) This appeal comes up for final hearing in the absence of the State-Respondent.

(3.) The short facts arising in this appeal are as follows : The land as described in the title of the plaint was a 'tank fishery' and it was used for pisciculture and for fishing from time immemorial. One Shri Nirshengha Murari Pal and three others were the owners of the 'tank fishery' in the suit and the same was taken settlement by one Shibapada Paramanik in 1358 B.S. only at an annual rental of Rs. 10/-. Shibapada Paramanik was in possession of the suit property and it was recorded in his name in the R.S. Khatian and Shibapada was paying rent to the former landlords after even vesting estates to the State of West Bengal.