JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. This petition is directed against a judgment and order dated 16.2.2005 passed by a Division Bench of the Calcutta High Court whereby and whereunder the second appeal filed by the appellant herein from a judgment and order dated 30.7.2004 passed by the Additional District Judge, 3rd Court, Suri, Birbhum was dismissed.

3. Whether the property in question is a debuttor property is the issue involved herein.

4. Indisputably, it belonged to Badal Das and Balaram Das. They, by reason of a registered deed of sale dated 3.5.1954 transferred their right, title and interest in favour of one Amar Chandra Dhara. He purchased the said property as a sebait of a deity Sri Sri Durgamata Thakurani. The said Amar Chandra Dhara in turn sold 2.31 acres of land in favour of the appellant No.2 and the remaining 22 cents of land in favour of the appellant No.1 by two deeds of sale 14.5.1963.

5. Second Appellant instituted a suit being Title Suit No.130 of 1964 in the court of Munsif, Dubrajpur against the said Amar Chandra Dhara for a declaration that the suit property was not a debottar one. It was decreed ex parte in his favour. Amar Chandra Dhara did not