JUDGMENT :

Rajasekhar Mantha, J.

1. The instant appeal arises out of a judgment and decree dated 22nd September 1993, passed by the Learned Assistant District Judge, Uttar Dinajpur at Raiganj in TS no. 5 of 1990.

2. The suit was filed by Kalpana Neogi, predecessor of the respondents, and her siblings, for declaration of title and recovery of khas possession of RS Plot No. 1044 correspondent to C.S. Plot 830 of RS Khatian No. 699 corresponding to C.S. Khatian No. 699 of J.L. No. 150 of Mouza Raiganj, District Uttar Dinajpur, West Bengal (suit property).

3. By the impugned decree such declaration and Khas possession of the property was granted in favour of the original plaintiffs Kalpana Neogi, Bharati Lala, Minati Das, Sunity Hore, Jayanti Hore, Tapati Bhowmick, Subhash Ch. Hore, and Sanjit Kr. Hore.

FACTS OF THE CASE

4. The brief facts of the case are that one Shobharani Hore, through her husband, Ramesh Chandra Hore of Halpara, Thakurgaon District, East Pakistan, now Bangladesh, purchased the suit property by registered deed of conveyance dated 16.06.1960 from one Pora Mohammad.

5. Shobharani Hore was a citizen of East Pakistan and subsequently, after 1971, became a citizen of Bangladesh