NAGENDRA NATH MUKHERJEE Vs. BENGAL IRON AND CO LTD

JUDGEMENT

(1.) This is an appeal by the defendant, against the appellant judgment and decree of reversal decreeing the plaintiffs' suit for declaration of title, and khas possession of the suit land and after ejecting the defendant therefrom, removal of unlawful constructions set up by the defendant on the suit land, permanent injunction restraining the defendant from entering into any portion of the suit land, mesne profits and other reliefs.

(2.) The case of the plaintiffs is as follows:

(3.) The defendant contested the suit and filed a written statement on June 10, 1957, denying the material allegations made in the plaint. It was specifically denied that the plaintiff encroached upon the C.S. Plot No. 1269 as and in the manner alleged in the plaint. The defendant contained that the fencing was on his land within C.S. Plot No. 405, Mouja Kuldihi and was in existence for the last 30 years alongwith his possession of the said land. The defendant denied that he ever trespassed upon the plaintiffs' land at any time. The defendant's request for a joint survey was not complied with. It was further stated that the defendant was a monthly tenant under the Maharaja of Cossibazar in respect of land of Block No. 3 within C. S. Plot No. 405, Mouja Kuldihi and has been in possession thereof alongwith the adjoining fenced land on the east by growing vegetables for over 30 years. On December 15, 1950,the defendant took a permanent settlement of the land of his monthly tenancy through a registered kabuliyat and has been continuing with his possession as before, openly, publicly, as of right and continuously for over 12 years prior to institution of suit. The defendant claimed that he has, apart from his title, acquired independent title by adverse possession. The defendant further claimed that he merely replaced the bamboo and rollah fencing by a brick built wall, which was completed long before the institution of the suit. It was further contended that the plaintiffs have no locus standi to institute the suit. The suit in the premises, it was submitted, was liable to be dismissed with compensatory costs.