judgment

kuldip singh, j.:— gitarani paul instituted a suit for declaration of title and possession in respect of thirteen plots of land in mouza boinchee, police. Station pandua, state of west bengal. It was averred in the plaint that the said land was under the possession of bauries who were underraiyats. The original owner of the land was dasarathi dutta but the land has throughout been under the holding of the under-raiyats. After the coming into force of the west bengal estates acquisition act, 1953 dasarathi datta ceased to have any right or interest in the land and the same stood vested in the state of west bengal. Gitarani paul purchased the land from the bauries by way of sale deeds dated february 19, 20 and 26,1960. According to her the possession of the land was also delivered to her by the bauries. It was further stated in the plaint that on. June 5, 1960 one dibyendra kundu armed with gun and accompanied by some police men came to the land in dispute and destroyed the standing crop of the plaintiff. It was also alleged that dibyendra kundu ploughed the land and planted gama grass seedlings on the land. It was on these facts that the suit was filed. Dibyendra kundu and