S.N.SANYAL
On the death of Sm. Tritap Harini Debi, her heirs and legal representatives Ganesh Chandra Banerjee – Appellant
Versus
On the death of Sailendra Nath Bhattacharya, his heirs and legal representatives, Sm. Annapurna Debi – Respondent
This appeal is at the instance of the plaintiff whose suit for declaration of title, confirmation of possession and permanent injunction was dismissed by the learned courts below. The suit property comprises 80 decimals of land recorded in c.s. plot no. 1367 of mouza Gopkhanji, P.S. Katwa. In the c.s. record the suit property was recorded in the name of Golap Sundari appertaining to the Jama of Rs. 14-10 annas. In the r. s. record the suit property was recorded in the name of the plaintiff under one Jitendra Lal Hazra. A new Jama of Rs. 3-10 annas came to be created in respect of the disputed plot. The plaintiff's case was that one Golap Sundari Dassi had absolute interest in the suit property along with other properties. One Nalini Kanta Bhattacharya purchased the suit property by a registered kobala dated March 20, 1932 from Golap Sundari and after his death his daughter Bijali Bala became the owner. The plaintiff purchased the suit property from Bijali Bata by a registered kobala dated June 20, 1949. After her purchase the plaintiff obtained possession and cultivated the same sometime through bargadar and sometimes in khas. There were several criminal cases with the defe
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