SAJAY KUMAR MONDAL Vs. SULEMAN MONDAL

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the Order No. 165 dtd. 16/05/2017 passed by the learned Civil Judge (Senior Division) at Bongaon District, 24 Parganas (North) in Title Suit No. 160 of 2000, wherein the learned Trial Court was pleased to reject the prayer made by the defendant nos. 15 and 16 under order XLVII, Rule 1 of Civil Procedure Code for reviewing the preliminary judgment and decree passed in Title Suit No. 160 of 2000/ Title Suit No. 901 of 2015.

(2.) The brief background of the present case is that the suit plot no. 1489 measuring 92 Satak originally belonged to Sultan Mondal and Mahabub Mondal and their names were duly published in the R.S.Record of Rights and both Sultan Mondal and Mahabub Mondal have moiety share in the said plot. Mahabub Mondal subsequently died leaving behind defendant nos. 1 to 6 and another son Habibur Mondal died leaving behind defendant nos. 7 to 14. Thereafter the defendant nos. 15, 16 and 17 became owner of 9.9 decimal of land and 5 decimal of land by gradual purchase from the original plaintiff Sultan Mondal and after such sale of 14.90 decimal of land plaintiffs have 46 decimal of land minus 14.90 decimal of land which is equivalent to 31.10 decimal of land in the suit property.

(3.) On the other hand the defendant nos. 1 to 6 and Habibur Mondal transferred 1.65 decimal of land in favour of the defendant nos. 15-17 and therefore, after such sale the defendant nos. 1-14 who are the heirs of Mahabub Mondal have 46 decimal of land minus 1.65 decimal of land which is equivalent to 44.35 decimal of land in the suit property. The defendant no. 15 has 9.90 decimal of land by way of purchase and the defendant no. 16 has 3.35 decimal of land in the suit plot. After contested hearing the learned Trial Court was pleased to pass a preliminary decree on 20/8/2004 wherein the learned Trial Court declared that the plaintiffs have jointly 31.10 decimal of land. The defendant nos. 1 to 14 have 44.35 decimal of land, the defendant no. 15 has 9.90 decimal of land, the defendant nos. 16 and 19 jointly have 3.30 decimal of land and defendant no. 18 has 3.35 decimal of land in the suit plot.