JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This Second Appeal has been preferred by the appellant against the judgment and order dated 10th September, 2010 passed by learned Additional District Judge, Bongaon in T.A. No. 1 of 2009. By the impugned judgment learned court below has set aside the judgment and decree dated 26.11.2008 and 05.12.2008 respectively, passed in T.S. No. 18 of 2001 by the learned Civil Judge, (Junior Divison) Bongaon.

2. Plaintiff’s case as set out in the plaint, in brief, is that the plaintiff/appellant herein Anukul Mondal is living in the suit property after raising construction thereon since 1966. He filed one beneficiary case no. 137 of 1986 in respect of the suit property for allotting the said property in his favour under the West Bengal Acquisition of Homestead Land for Agricultural Labourers Artisans and Fishermen Act, 1975 (Act of 1975). The Junior Land Reforms Officer, Government of West Bengal issued PATTA (conferment of title) in his favour in respect of the suit property.

3. Being aggrieved by that order the respondent herein/defendants preferred appeal being Appeal case no. 23 of 1998 before Sub-Divisional Land and Land Reforms Officer (hereinafter cal