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1978 Supreme(Cal) 605

SALIL KUMAR DATTA
BISWANATH BANDAPADHYAY – Appellant
Versus
PURNAMONI DASSI – Respondent


Advocates Appeared:
GOURI PRASAD MUKHERJEE, MONMOHAN MUKHERJI, R.L.TARAFDAR, ROMA PRASAD TARAFDAR

SALIL KUMAR DATTA, J.

( 1 ) THIS is an appeal by the defendant against a judgment of reversal.

( 2 ) ACCORDING to the plaintiffs respondents' case, the suit land situate in Mouja Patsimulia, P. S. Bongaon, 24-Par-ganas and recorded in K. S. Khatian No. 467, Dag 220/745 measuring 73 decimals with jama of Rs. 2. 75 belonged to Kachhi-muddin Molla and Abu Taleb Molla in raiyati interest. In Chaitra 1356 B. S. , this property was exchanged for the properties of the plaintiffs in the then East Pakistan. Due to communal disturbances, the transaction was done in haste and no formal deed was entered into between the parties. The land valued at Rs. 100 had since then been in possession of the plaintiffs who had been cultivating the same without interruption for long over twelve years, thereby acquiring, in addition, title thereto by statutory right. The plaintiffs duly informed the Settlement Officer of the R. S, Settlement operations about their possession of the land on basis of exchange and were assured that their names would be duly recorded. Accordingly they went on possessing the land taking no further steps. The plaintiffs came to learn that in respect of the said jama, the defenda








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