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1997 Supreme(SC) 833

A.S.ANAND, K.S.PARIPOORNAN, S.P.BHARUCHA
Kshitish Chandra Purkait – Appellant
Versus
Santosh Kumar Purkait – Respondent


JUDGMENT

Paripoornan, J.-The plaintiff in title suit No. 89 of 1958, Munsif 1st Court, Diamond Harbour, is the appellant. The defendants in the suit are the respondents. The suit was filed for declaration of plaintiff s title and recovery of possession of the suit land (1.80 acre of land of Mouja Durganagar P.S. Diamond Harbour). Incidentally, there was a prayer for declaration that the entries in the R.S. record are erroneous. The plaint-property originally belonged to Haran Chandra Halder and Barada Prasad Halder, and by various gifts or other documents, Kshirodamani Dasi became the full owner of the suit property. The plaintiff purchased the suit property from Kshirodamani Dasi by registered Deed dated 12 Baisakh, 1365. The plaintiff s vendor had sole occupancy right in 1.80 acres of land in Mauja Durganagar. She possessed such land during the material period through the 4th defendant with whom the land was settled annually on advance rent. On 30th June, 1954, the principal defendants (defendant Nos. 1 and 2) trespassed into the suit land and dispossessed the 4th defendant. Subsequently, the trespassers got their names recorded as korfa tenants of the suit land at different ficti



































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