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S.C.DAS
Subhas Chandra Nath, Smt. Pritibala Nath, Smt. Archana Nath and Smt. Sabita Nath – Appellant
Versus
Pulin Bihari Nath, Shri Shyamal Nath, Shri Prem Chandra Nath and Smt. Sindhu Nath – Respondent
JUDGMENT
S.C. Das, J.:-
Heard learned counsel, Mr. D.K. Biswas for the petitioners. Learned counsel, Mrs. S. Deb (Gupta) appeared on behalf of the respondents and submitted that she had been engaged by the respondents to conduct the case but the case file is not with her and that she has no contact with the respondents so long and therefore, not in a position to argue the case since she has no instruction from the respondents.
2. The writ petition was filed under Article 226/227 of the Constitution of India. In course of his submission learned counsel, Mr. Biswas prayed for treating it as a petition under Article 227 of the Constitution of India. Such prayer of learned counsel, Mr. Biswas has been allowed.
3. The petitioners, inter alia, contended that they are legal heirs and successors of Barindra Nath who was the owner in possession of the land recorded in Khatian No. 1677, Plot No. 1742 and 1744 of Mouja Churaibari. The land was allotted in the name of Barindra Nath measuring 1.75 acres and during his life time Barinidra Nath was in occupation of the land and thereafter the petitioners being the legal heirs stepped to the shoes of Barindra Nath. The respondents, while started distu
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