Toufique Uddin, J.

1. This appeal arose out of judgment and decree passed by the learned Additional District Judge, 1st Court, Siliguri in O.C. Appeal No. 19s of 1999 reversing the judgment and decree dated 16.9.1999 and 23.9.1999 respectively passed by the learned Civil Judge, (Sr. Division), Siliguri in O.C. Suit No. 16 of 1983.

2. In the background of this appeal the fact in a nutshell is that O.C. No. 16 of 1983 was filed for declaration of title, recovery of possession injunction and other consequential reliefs by the plaintiff one Smt. Hemaprova Basak W/o Late Binod Behari Basak against Bimal Kanti Basak & Others. She claimed that he is the absolute owner of the Schedule 'A' property and is in possession thereof as described better in the Schedule appended to the plaint along with the building and structures standing thereon. The plaintiff was allotted the suit land by the Relief and Rehabilitation Department of Govt. of W.B. vide Memo No. 2231/RRG dated 5.12.53 by the Deputy Commissioner, Darjeeling. She took possession of the suit land from the Govt. of W.B. and submitted the building plan to the Municipality for construction of the building thereon. The Municipalit