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1978 Supreme(Cal) 372

R.BHATTACHARYYA
SATISH CHANDRA MAITY – Appellant
Versus
SAILA BALA DASSI – Respondent


Advocates Appeared:
S.P.ROYCHOWDHURY, Sachindra Chandra Das Gupta, TAPAN KUMAR SEN GUPTA

R. BHATTACHARYA, J.

( 1 ) THIS second appeal is by the defendant No. 3 of the original suit which was decreed in favour of the plaintiffs and affirmed in the first appeal. The case of the plaintiffs is that the disputed land originally belonged to one Ramanibala Dassi who made a gift of the same in favour of Gosta Behari Mondal, the predecessor-in-interest of the plaintiffs by a deed dated 9-11-1925 and Gos-tha Behari Mondal since then started possessing the same in his own right. In C. S. khatian the property was recorded in the name of Gostha and his brother Krishna. In fact Krishna had no interest therein. As Gostha was in possession of the property and nothing stood in the way of enjoying the property as his own, no step was taken for correc tion of the record of rights. In the R. S. khatian also the name of Gostha and Gokul Chandra Mondal, the son of Krishna since deceased was recorded and the said record is erroneous and without any foundation. The defendant No. 1 cannot have any title or possession in the property on the basis of the R. S. khatian. The plaintiffs are the sols heirs of Gostha and they have been in possession of the property. The defendant No. 1 disclosed tha







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