MONJUR MONDAL Vs. AHAMMAD MONDAL

JUDGEMENT

(1.) This appeal is by defendant 1 and it arises out of a suit brought by the plaintiff respondent for declaration of his title to the lands in suit described in schedules 'Kha' and 'Ga' of the plaint, and for recovery of possession of the 'Kha' schedule lands, and for confirmation of possession in the 'Ga' Schedule lands. The material facts lie within a short compass and they are given below.

(2.) Admittedly, the suit lands originally belonged to one Ketabdi. In the year 1916 Ketabdi died leaving him surviving as his heirs three sons Ahammad, Abdul and Makbul and three daughters. Ahammad is the plaintiff in the present suit, wherein Abdul is defendant 2 and Mokbul is 'pro forma' defendant 4, and their three sisters are 'pro forma' defendants 5 to 7. Defendant 1 is Abdul's son, but he claims title to the suit lands not as a member of Ketabdi's family but on the basis of a purchase from a previous stranger auction purchaser Nur Mahammad, 'pro forma' defendant 3 in the present suit.

(3.) According to the plaintiff, there was a partition amongst the abovenanied heirs of Ketabdi after the latter's death, and, as a re-suit thereof, the plaintiff got the 'Kha' schedule lands and Mokbul the 'Ga' schedule lands of the present plaint. It is the plaintiff's case that after the above partition the plaintiff got also the 'Ga' schedule lands from the said Mokbul by exchange with other lands and that, when, Subsequently, in the year 1925, the holding comprising 'inter alia' the suit lands was sold at a rent sale the same was purchased by the heirs of Ketabdi in the 'benami' of Nur Mahammad who is 'pro forma' defendant 3 in the present suit, and the said heirs continued to be in possession as before. The plaintiff complains that, in or about March 1943, defendant 2 Abdul got a collusive 'kabala' from Nur Mahammad in the name of his son Monjur who is defendant 1 in this suit, and, on the strength of that 'kabala', dispossessed the plaintiff from the 'Kha' schedule lands during the latter part of Talgoon 1349 B. S. and threatened to dispossess him from the 'Ga' Schedule lands also. In the above circumstances the plaintiff brought the present suit on 6-6-1944 for declaration of his title to the suit lands and for recovery of possession of the 'Kha' Schedule lands and for confirmation of his possession in the 'Ga' schedule lands of the present plaint.