By Court - Heard Shri V. Shivnath, Sr. Advocate, assisted by Mr. Arvind Kumar Choudhary, Ms. Ranjana Mukherjee, Advocates, on behalf of the appellants and Shri V.K. Prasad, S.C. (L & C), assisted by Mr. Rajni Kant, J.C., on behalf of the Respondent- State.

2. The instant Second Appeal arises out of judgment and decree dated 03.02.2009 and 11.02.2009 respectively passed by 1st Addl. District Judge, Deoghar in Title Appeal No. 35 of 2006 reversing the judgment and decree dated 22.06.2006 and 05.07.2006 respectively passed by SubJudge II, Deoghar, in Title Suit No. 17 of 1990/40 of 1992.

3. The Second Appeal was admitted on 08.08.2011 on the following two substantial questions of law:

Whether the lower appellate court has committed serious errors of law in reversing the finding of trial court on Issue No. 5 without discussing the evidences, only on the basis of assumption and conjecture?

Whether the order of escheat passed by the Deputy Commissioner, Deoghar is wholly without jurisdiction?

4. The plaintiffs-appellants, Nageshwar Prasad Sultania and Binod Kumar Sultania preferred the title suit for declaration that Kalpana Basu died intestate and issueless, the suit property devolved upon the heirs of her husband who were vendors of the plaintiffs and that the suit property never vested in the State and cannot be declared to be escheated in the State.

5. Facts of the case in brief are as follows :

One Shashi Bhushan Basu made an absolute gift of the entire land and house known as “Basu Lodge” to his wife Sarla Sundari Basu by registered Deed of Gift dated 27.03.1930 which was accepted by her and, thus, became the absolute owner. She got her name mutated in the office of the Landlord of Kunda Estate. Subsequent thereto, Sarla Sundari Basu continued to be in possession of suit property and died sometimes in the year 1954. On her death, the property came in possession of Subodh Chandra Basu by virtue of a registered 'Will' dated 13.10.1955 and was given exclusive possession. Name of Subodh Chandra Basu was duly mutated in the office of the Circle Officer, Deoghar, pursuant to an order dated 16.10.1955 passed in Mutation Case No. 1 of 195455 and accordingly name was entered into Register II being the Tenant's Ledger.

6. Throughout his life, Subodh Chandra Basu continued to be in peaceful possession of suit property as absolute owner and died issueless on 27.10.1971 at VillageKunda, leaving behind Kalpana Basu as heir. She continued to be in possession till her lifetime as sole and absolute owner and name of Kalpana Basu was also mutated vide order dated 26.10.1972 in Mutation Case No. 212 of 197172 by the office of Circle Officer, Deoghar. Smt. Kalpana Basu was all along in peaceful possession of the suit property and her name was also recorded in Register II as its owner.

7. She payed rent for the period 198687. Kalpana Basu died issueless at VillageKunda in “Basu Lodge”. Upon her death, the suit property was inherited by heirs of her husbandSubodh Chandra Basu, namely, Anand Chandra Basu, Sudhir Chandra Basu and Suniti Chandra Basu as provided under Section 15(i)(b) of Hindu Succession Act, 1956. Submission is that the family was governed by the provisions of Hindu Succession Act, 1956.

8. The genealogy of the descendants of Shashi Bhushan is as under :

Shashi Bhushan

[Sarla Sundari Basu (Widow)]

Sarat Anand Sudhir Suniti Subodh

(Pre-deceased) (Def.9) =W-Rajani =Wife-Kalpana Basu

(Def. 15)

Nalini Ranjan Basu X

(Pre-deceased)

X Ashish Anju Manju

(Def.16) (Def.17) (Def.18)

Ranjit Indrajit Achintya Dulari Dipti (Def.10) (Def.11) (Def.12) (Def.13) (Def.14)

9. Aforesaid three brothers Anand Chandra Basu, Sudhir Chandra Basu and Suniti Chandra Basu became full and absolute owner of the suit property being brothers of late Subodh Chandra Basu and after the death of Kalpana Basu.

10. On the demise of Kalpana Basu, one Sheomaya Bhattacharjee of Bawanbigha informed about the death of Ka