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2005 Supreme(Cal) 1

ARUN KUMAR MITRA
SEKH SAJAHAN – Appellant
Versus
GORACHAND SAHEB SEKH ABDUL MOHIT – Respondent


Advocates Appeared:
SHILA SARKAR

ARUN KUMAR MITRA

( 1 ) THIS second appeal has arisen out of a suit for permanent injunction. The case as made out in the plaint is inter alia as follows :the suit property is a "pirothan" property of Pir Gorachand Saheb and the predecessor of the plaintiffs Ahid was the shebait of the suit property. The lands in the suit khatian were divided amongst the shebaits and all the shebaits were possessing those lands by demarcating boundaries. Ahid was possessing the suit property by demarcating boundaries within the knowledge of other shebaits. The plaintiffs have also been possessing the suit property since the time of deceased Ahid. The suit plot is homestead land There are three huts upon. 03 decimals of land in the suit plot and Ahid used to live there with his family. The said. 03 decimals of land have been recorded in the name of the plaintiffs in present L. R. Khatian. The plaintiffs have been possessing the remaining. 12 decimals of land in the suit plot since the time of their predecessor. The suit plot was never possessed by any other persons except Ahid and the present plaintiffs. Besides that the plaintiffs have two dwelling huts, one cow-shed and one kitchen in the suit plot






























































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