Jagabandhu Pal & Ors vs The District Land & Land Reforms
2022 Latest Caselaw 4802 Cal

SA 160 of 2019 Item-8. CAN 1 of 2016 (old CAN 11906 of 2016) 26-07-2022

sg Ct. 8 Jagabandhu Pal & Ors.

Versus The District Land & Land Reforms, Hooghly & Ors.

None appears on behalf of the appellants. Even on the

earlier occasion i.e. on 11th July, 2022, the appellants were not

represented.

In view of our order dated 11 th July, 2022, we decide the

admission of this appeal on the basis of the available records.

The appeal is directed against an appellate judgment and

decree dated 29th January, 2016 by which the learned Appellate

Court has affirmed the judgment and decree dated 13 th July, 2009

of Title Suit No. 62 of 2007 passed by the learned Civil Judge

(Senior Division), 2nd Court at Hooghly, District Hooghly.

The plaintiffs filed a suit for declaration of title and

permanent injunction. It is elementary that the plaintiffs have to

establish their right, title and interest in respect of the said

property. The plaintiffs relied upon 'Amalnama'. Both the courts

have held that the said document is a conditional document as it

requires execution of 'Kabuliyat and Patta' for acquiring any title

in respect of the property. The appellants could not produce the

said document or call for production of the said document from

the appropriate authority. The record of rights does not create any

title.

It was on the aforesaid basis, the suit was dismissed. The

Appeal Court had accepted the said finding and affirmed the

decree of the Trial Court. The plaintiffs having failed to establish

the title in respect of the suit property, are not entitled to claim any

declaratory reliefs over the said property.

The appeal stands dismissed at the admission stage. The

application is also dismissed.

We direct the learned Registrar Administration (L&OM) to

communicate this order to the learned Civil Judge (Senior

Division), 2nd Court at Hooghly, District Hooghly in connection

with Title Suit No. 62 of 2007 for information.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)