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1979 Supreme(Cal) 241

DIPAK KUMAR SEN
Raijuddin Momin – Appellant
Versus
Junior Land Reforms Officer, Sutian – Respondent


Advocates appeared:
Mr. Mihir Kumar Roy for Petitioner.
Mr. K.N. Laha for Respondents

JUDGMENT

Dipak Kumar Sen, J.

1. The subject matter of the dispute in the present proceedings is 38 acres of land under plot no. 604 in Mouza Purapara, P.S. Suti, District Murshidabad. Raijuddin Momin the petitioner in these proceedings, states that he is the owner of the said land which was purchased by him sometime in 1938 from one Riat Ali with money obtained from his father. Subsequent thereto the said land was converted into a mango garden and the same is still a garden. At all material times the said land had been in the possession of the petitioner's father and after the latter's death in the possession of the heirs of the deceased including the petitioner. By a registered Deed of Partition dated the 17.10.1952 the said land was allotted in the share of the petitioner, who bas since been in continuous and exclusive possession thereof.

2. Subsequently in Khatian No. 3638 of Mouza Paschim Purapara 19 acres of the said plot has been recorded. The balance 19 acres has been recorded in Khatian No. 597 of Mouza Purapara. In the said Khatians the petitioner's name has been recorded and his title noted but in Khatian No. 597 it is recorded that the same will remain in force till 31st








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