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2016 Supreme(Cal) 1035

SOUMITRA PAL, MIR DARA SHEKO
Rabin Barat – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Aniruddha Chatterjee and Surya Prasad Chattopadhyay
For the Respondents: Hiranmay Bhattacharya and Supratim Dhar

JUDGMENT :

Mir Dara Sheko, J.

1. Being aggrieved by the judgment dated 15.12.2005 delivered by Learned Civil Judge (Senior Division) Bankura, and decree being sealed and signed on 23.12.2005 in Title Suit No. 14 of 1996, the appellant-plaintiff (hereinafter referred to as the 'appellant') has filed this first appeal against the State of West Bengal and Circle Inspector, Khatra and Pagal Barat, the respondent-defendant Nos. 1, 2 & 3 respectively. Case of the appellant, in brief, is that the suit plot No. 32 in Mouza Ledisole, having a total area of 1.85 acre, belonged to Fakir Karmakar and Satish Karmakar in equal halves.

2. Out of the said 1.85 acre said Fakir Karmakar and Satish Karmakar settled 48 decimals in favour of one Sripati Haldar, retaining 1.37 acre in their possession.

3. Satish Karmakar having died intestate as unmarried, Fakir Karmakar as the sole heir, became absolute owner of the said 1.37 acre of suit plot No. 32, as described in schedule 'Ka' of the plaint. The name of Fakir Karmakar was duly recorded in the R.S. R.O.R.

4. Further case of the appellant is that said Fakir Karmakar on 18.06.1962 transferred his entire 1.37 acre executing one sale deed covering Eastern 69































































































































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