1997 Supreme(Raj) 388
A.S.ANAND, S.P.BHARUCHA, K.S.PARIPOORNAN
Kshitish Chandra Purkait – Appellant
Versus
Santosh Kumar Purkait – Respondent
Advocates Appeared:
P.K. Chatterjee, Dr. Shankar Ghosh, Sr. Advocates, Abhijeet Chatterjee, Ranjan Mukherjee, Sukumar Ghose, Girish Chandra, Rathin Das, D.P. Mukherjee, Advocates with them for Appearing Parties
Honble PARIPOORNAN, J.–The plaintiff in title suit No.89 of 1958, Munsif 1st Court, Diamond Harbour, is the appellant. The defendants, in the suit are the respondents. The suit was filed for declaration of plaintiffs title and recovery of possession of the suit land (1.80 acre of land of Mouja Durganagar P.S. Diamond Harbour). Incidentally, there was a prayer for declaration that the entries in the R.S. record are erroneous. The plaint-property originally belonged to Haran Chandra Halder and Barada Prasad Halder, and by various gifts or other documents, Kshirodamani Dasi became the full owner of the suit property. The plaintiff purchased the suit property from Kshirodamani Dasi by registered Deed dated 12 Baisakh, 1365. The plaintiffs vendor had sole occupancy right in 1.80 acres of land in Mauja Durga- nagar. She possessed such land during the material period through the 4th defendant with whom the land was settled annually on advance rent. On 30th June, 1954, the principal defendants (defendant Nos. 1 and 2) trespassed into the suit land and disposessed the 4th defendant. Subsequently, the trespassers got their names recorded as Korfa tenants of the suit land at different fictiti
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