The plaintiffs established valid title over the suit land, distinct from the assets of the nationalized jute mill, and the suit was not barred by limitation.

JUDGMENT :

(Khatim Reza, J.) :

Heard Mr. Shekhar Singh, learned counsel for the appellants, Mr. Chitranjan Sinha, learned senior counsel for respondent nos.1 to 4 and Mr. Pradeep Kumar, learned counsel for respondent no. 5 – Union of India.

2. The present appeal has been preferred against the judgment and decreed dated 30-4-2019, passed by learned Sub-Judge-VI, Katihar in Title Suit No. 158 of 2011, whereby the learned Trial Court has decreed the suit on contest but without cost, and declared that the plaintiffs are having a perfect and valid right title and interest over the suit land, and the defendants and their employees, servants, assignee were restrained permanently from interfering the peaceful possession of the plaintiffs over the suit land.

3. Defendants No. 2 and 3 are the appellants, and Plaintiffs are respondent nos. 1 to 4. Defendant No. 3 is the respondent no 5.

4. The plaintiffs filed the aforesaid Title Suit for declaration of title and confirmation of position of the suit land and also for decree of permanent injunction for restraining the defendants from interfering into the peaceful possession of the plaintiffs over the suit lands.

5. As per the case of the plaintiffs, the suit land is inherited by the plaintiffs and they are continuing in possession thereof. The husband of the plaintiff no. 1 (Sheela Devi Chamaria), namely, Motilal Chamaria, purchased 15 acres of land through registered sale deed dated 04.08.1954 in his name and came in possession of entire 15 acres of land and enjoyed usufructs of the said land by way of its cultivation. Babu Motilal Chamaria was also a mill owner of Rai Bahadur Hurdutroy Motilal Jute Mills Private Limited, commonly known as RBHM Jute Mills, Katihar having its own identity. The further case of the plaintiffs is that the suit lands were never the part and parcel of the said jute mill property since Motilal Chamaria acquired suit land for other purpose. In the course of time, RBHM Jute Mills became sick as such nationalization of the said jute mill took effect under the Jute Companies Nationalization Act, 1980, Act 62 of 1980. Schedule 1 of the said Act, RBHM Jute Mill Private Limited, Katihar and vested in Union of India and became the unit of Central Government and the management of the undertakings of the said Jute Mills was taken over by the Central Government under Industries (Development and Regulation) Act, 1951 ( hereinafter referred to as ‘the Act of 1951), but the suit land continued to be the personal property of Motilal Chamaria. The assets, liabilities, properties, duly recorded and listed by RBHM Jute Mills was found in occupation of an area of 17 Bighas and 4 Kathas and over the said land, mill plant and other appurtenance of RBHM Mills is in existence which has nothing to do with the aforesaid 15 acres of land, which is the personal acquired land of Motilal Chamaria. A separate Jamabandi of Motilal Chamaria was running in his name in personal capacity which was created from Jamabandi No. 900 and a separate Jamabandi no. 76 was created in the name of Motilal Chamaria with respect to the suit land and he used to pay rent to the Government. However, without giving any notice to the Motilal Chamaria, a wrong municipal survey record was made with respect to the suit land on wrong notion that whatever property held by Motilal Chamaria belonged to RBHM Jute Mills, Katihar. It was wrongly recorded in municipal survey operation in the name of RBHM Jute Mills, Katihar. The said land continued in khas possession of Motilal Chamaria, which was wrongly and illegally recorded in the name of RBHM Jute Mills Katihar for an area of 14 acres 17 decimals 8 kari of land in place of Motilal Chamaria, but the later was in khas possession over his acquired land at the time of survey operation which is more or less to the extent of his acquisition. Motilal Chamaria used to reside in Calcutta while RBHM Jute Mills became sick. Meanwhile municipal survey operation started and finally p