JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This Second Appeal has been preferred challenging the judgment and decree dated 21st August, 2010 passed by Additional District Judge 4th court Burdwan in T.A. no. 126 of 1989/ 22 of 1989. By the impugned judgment the court below has reversed the judgment and decree dated 14th August, 1989 passed by learned Assistant District Judge, Burdwan in T.S. No. 21 of 1985/ 24 of 1979.

2. The Predecessor-in-interest of the plaintiffs/respondents herein, filed aforesaid T.S. No. 24 of 1979/T.S No. 21 of 1985 for recovery of “khas” possession against the present appellant/defendant no.1 treating the present appellant to be a licensee under the original deceased plaintiff. In the plaint plaintiff specifically pleaded that suit property originally belonged to one Laxmi Mani Dasi, who during her lifetime bequeathed her property in favour of Partiosh Bala Dasi, who is the mother of the plaintiff, by virtue of a will executed on 8th December, 1924 where the husband of Paritosh Bala namely Ratan Chandra Pal was appointed as executor. Thereafter the said will was probated and accordingly mother of the plaintiff, Paritosh Bala became the owner of the suit property