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1981 Supreme(Cal) 228

B.N.Maitra
Aswini Kumar Roy – Appellant
Versus
Surupa Roy – Respondent


Advocates:
Advocate Appeared:
M.N.Ghosh, Snehanshu Kumar Mukherjee, R.N.Mitra, Sourendra Prasad Ghosh

JUDGMENT

B.N. Maitra, J.

1. THE plaintiff have alleged that they are the 8 annas cosharers of the disputed jalkar described in schedule of the plaint. THE proforma defendant nos. 5 to 11 and 20 are the remaining 8 annas owners of that tank fishery. Proforma defendant no. 5, Kanak Prova, executed a registered lease dated 3rd February, 1948, for a period of 41 years and took a temporary lease of that jalkar jama at an annual of Rs. 15(- for the period from 1355 B.S. to 1396 B. S. THEy also have retained that tank fishery by submitting a pro per return and it did not vest in the State of West Bengal, defendant no. 4. THE jalkar has been recorded in the R. S. Khatian. But there is a wrong entry therein that the interest of plain- tiffs' and of their co-sharers had vested in the State. On the 3rd September, 1962, Kanak Prova executed a registered sale deed in favour of principal defendants nos. 1 to 3 regarding that jalkar. Since then, the defendants nos, I to 3 are in actual possession of that jalkar. She illegally set. up the State of West Bengal as her landlord in that kobala. So, a cloud has been cast on the plaintiffs' title. THE suit is for a declaration that the plaintiffs and pr























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