AJOY KUMAR MUKHERJEE,J. - (1.)Being aggrieved by and dissatisfied with the judgment and decree dtd. 17/2/2005 passed by the learned Additional District Judge First Track Court, Baruipur, in T.A. No. 278 of 1998, present second Appeal has been preferred. By the impugned judgment the Court below affirmed the judgment and decree dtd. 26/2/1998 passed by Civil Judge (Junior Division) 2nd Court Bariupur in T.S. No. 139 of 1996.
(2.)Plaintiffs case in a nutshell is that the property mentioned in Schedule to the plaint belongs to the plaintiffs and their names have been correctly recorded in the R.S. record of Rights. On the basis of the partition effected amongst the co-sharers of the suit khatian, the present suit property has been exclusively allotted in the name of the plaintiffs. Plaintiffs further case is that they are in possession in the suit property by paying tax to the State of West Bengal .The defendants have no right, title interest in the suit property but they are trying to forcibly dispossess the plaintiff from a portion of the suit property, in collusion with the local antisocial elements.
The cause of action of the suit arose on 30/8/1996 when the defendants along with their men and agents tried to forcibly dispossess the plaintiffs from a portion of the suit property. Accordingly plaintiffs have prayed for declaration of their right title interest in the suit property and for a decree of permanent injunction, restraining the defendants from disturbing plaintiffs possession in respect of the suit property.

(3.)The defendant no. 2 and 3 contested the suit by filing written statement wherein they have denied the averments made in the plaint. Defendants specific case is that they are in possession of the suit land since long by inheritance being the legal heirs of their father. According to the defendants, their predecessor in interest took settlement of the suit land from one Atul Krishna and after the abolition of zamindari system the defendants are paying tax to the Government. Defendants alleged that the entry in Record of Right is without any foundation and is not liable to be sustained.