MATI ULLAH Vs. HABIB ULLAH

JUDGEMENT

(1.) Heard Mr. S. Lodh, learned counsel appearing for the appellants as well as Mr. R. Datta, learned counsel appearing for the respondent.

(2.) By means of this appeal filed under Section 100 of the CPC, the appellants have challenged the judgment dated 17.01.2018 delivered in Title Appeal No.11 of 2017 by the District Judge, North Tripura, Dharmanagar.

(3.) The facts which are relevant for appreciating the grounds of objection as raised in this appeal are that one Ashad Ullah was the original owner of the suit property pertaining to CS Plot No.4969/5617 [corresponding to RS Plot No.6943] under RS Khatian No.2250/2 of Mouja-Baruakandi along with other lands. The suit property measures at 0.37 acres being tilla class of land. Ashad Ullah, as claimed by the plaintiffs, died in the year 1973 and Khatian was mutated in the name of his 8 [eight] legal heirs including his deceased sons, namely Safi Ulla and Kudrat Ullah. Kudrat Ullah left 4[four] legal heirs being plaintiffs No.6[a] to 6[c] and Prtima Bibi who died without any issue. The plaintiffs are Sunni Muslims. Thus, the plaintiffs claimed that being the legal heirs, they became the owner of the suit property after death of Ashad Ullah. In the year 2015 [sometime in October] the defendant of the suit and his associates entered into he suit land by ignoring the protest raised by the plaintiffs. They claimed to become the owner of the suit property by dint of one order of mutation. On 21.01.2016 and on 02.05.2016, the plaintiffs obtained certified copies of the order of mutation. According to them, the gift deeds purportedly executed by Ashad ullah were fraudulent created on the foundation that Ashad Ullah died in the year 1973 i.e. after 2 years of Bangladesh Liberation War which happened in 1971. In reality, no such gift deed was ever executed by the predecessor of the plaintiffs. It has been further submitted that the land demised in the gift deed therefore, cannot be claimed by the defendant. By means of the suit being Title Suit No.09 of 2016, the plaintiffs urged for a decree of declaration by declaring the gift deed dated 10.12.1979 as nullity and the order dated 18.08.2009 of the mutation proceeding being based on such gift deed is liable to be set aside.