G.N.Ray
Kandan Mandi Alias Santal – Appellant
Versus
Santi Prosad Chatterjee – Respondent
1. THIS appeal arises out of the judgment and decree passed by the learned Subordinate Judge, Second Court, Midnapore, in Title Appeal no. 412 of 1970 reversing the judgment and decree passed by the learned Munsif, Garbeta, in Title Suit No. 160 of 1967. The plaintiffs, are the appellants in the instant appeal and the said suit was instituted by the plaintiffs for declaration of title and for permanent injunction in respect of plot no. 605 of Mouja Bejharia.
2. IT is the case of the plaintiffs that the said disputed plot No. 605 along with another plot no. 516 constituted a 'jote' measuring 1. 23 acres and the said land had been held by the predecessor -in- interest of the plaintiffs, namely, Kormu santhal. In the C. S. record of rights the said 'jote' was recorded in the name of kormu Santhal in Khatian No. 132. The plaintiffs 'have contended that the said kormu Santhal and thereafter his successor-in-interest, including the plaintiffs have owned and possessed the said lands but in the revisional record of rights plot No. 516 has been recorded in the name of the plaintiffs and/or their predecessor -in- interest in khatian No. 132 but the disputed plot no. 605 has been wron
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