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1975 Supreme(Cal) 295

CHITTATOSH MOOKERJEE
Chapala Bala Adhikary – Appellant
Versus
Monoranjan Das – Respondent


Advocates Appeared:
Tarak Nath Roy and Samar Kumar Ghose ...for the petitioner
Aba Jabar M. S. Alam ...for the opposite party no. 1
Arun Kumar Motilal ...as Ambicus curiae

JUDGMENT

Chapala Bala Adhikary who originally obtained the present Rule had instituted a suit against opposite party No. 1, Monoranjan Das, inter alia, for declaration, for confirmation of possession and for permanent injunction in respect of 1'20 acres of land in plot No. 388 of R.S. Khatian No. 2271 in Mouza Thuba. Her case inter alia what that one Harendranath Das who was a bargadar under her had executed a registered Esta-fanama in her favour on February, 23, 1959. Thereafter, she had been cultivating the land in question with the help of hired labourers who used to execute krishimajuri agreement each year in lieu of their remuneration. A portion of the suit land was described as a bamboo grove previously but the said grove was no longer in existence and the said portion was lying fallow. The defendant opposite-party had approached her for granting settlement was trying to disposses her from the suit land.

2. The learned Munsif, Second Court, Basirhat granted as ad interim injunction as prayed for by the plaintiff and issued a show cause notice upon the defendant. The defendant had entered into appearance and had filed a Written Statement in the suit, inter alia, claiming that he




















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