Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Calcutta High Court allowing the Second Appeal filed by the respondents under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘CPC).

3. The appellant as plaintiff filed a suit for declaration of title and recovery of khas possession and also of permanent injunction contending inter-alia that the suit land in R.S. Khatian No.31 of Mouza Chandibera under P.S. Rajarhat originally belonged to Ananda Chandra Mondal, Mubir Mondal, Bhutnath Mondal, Gadadhar Mondal, Mathar Mondal, Kartick Mondal, Haradhan Chandra Ghosh and Bishwanath Ghosh. While they were in joint possession in same for convenience of possession they made an amicable partition amongst themselves and in that partition plaintiff and proforma defendant No.3 got 12 decimals of land in plot No.223/455 which was described in schedule A of the plaint. Subsequently, by an amicable partition between the plaintiff and proforma defendant No.3, plaintiff got B schedule property, that is to say, 6 decimals of land at the southern portion of the aforesaid suit property and proforma defendant