IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Sugato Majumdar SA/117/1993 SRI KANAILAL DAS SINCE DECEASED KARTIK CHANDRA DAS AND ANR.

VS SRI KAMDEB DAS SINCE DECEASED SUBHADRA DAS AND ORS.

For the Appellants : Mrs. S. Das Ray, Adv.

Ms. M. Datta, Adv.

Hearing concluded on : 10.03.2026 Judgment on : 17.03.2026 Sugato Majumdar, J :

The instant second appeal was filed against the Judgment and Decree dated

28/09/1985 passed by the Learned Assistant District judge, Contai Court District- Purba Medinipore, being the First Appellate Court, in Title Appeal No. 15 of 1985, modifying the Judgment and Decree passed by the Learned Trial Judge, dated 15/12/1982, being the Civil Judge, Junior Division, Additional Court, Contai, District-Purba Medinipore, in Title Suit No. 17 of 1982.

The plaint case may be summarized as follow:

a) ‘Ka’ Schedule property of the plaint belonged in equal share to one Gangaram, the grandfather of the original Plaintiffs, and his brother Biswanath Das in equal shares.

b) Prior to District Settlement operation, all the ejmali lands were partitioned between the said Gangaram and Biswanath. On partition, the said Gangaram go