( 1 ) THIS appeal has been preferred by the defendant/appellant against the judgment and decree passed by Shir Abdul Quader the learned Civil Judge (Senior Division), Baruipure, South 24-Parganas on 9th July, 1999 in Title Suit No. 144 of 1993.

( 2 ) AS per the plaint case the plaintiff Sonargaon Housing Co-operative Society Ltd. purchased a base area of agricultural land in Mouza Tegharia and Kamarabad, P. S. Sonarpur with a view to develop the same as Township for comfortable living of its members in congenial atmosphere with all civil amenities and facilities of modern Society. The property of the society has been developed under the name and style of "sonargaon Park". The Township area is duly demarcated by the boundary pillars. The suit properties measuring total area of 2. 09 acres comprise R. S. Plot Nos. 340, 341, 342, 343 and 344 of Mouza Tegharia. By the registered sale deed dated 27. 1. 68 the plaintiff purchased 1. 39 acres out of the suit properties from Niyamat Ali Molla and his three sister Juhara Khatoon, Alekjan Bibi and Neharganu Bibi who proclaimed to be in exclusive Khas possession of the demarcated area by inheritance through their mother. By a