SK. MAKSHED Vs. SK. RAHAMAN

JUDGEMENT

(1.) The plaintiffs are the appellants against a judgment of reversal.

(2.) The plaintiffs filed a suit being Title Suit No.59 of 1981 in the court of learned Munsif, 1st Court, Tamluk, District Midnapore. Said suit was transferred to the court of learned Munsif, Additional Court, Tamluk and was renumbered as Title Suit No.20 of 1984. Plaintiffs' case, in short, is that one Sk. Nabir and his co-sharers were original owners of the suit plots. Sk. Nabir had two wives viz. Sundari Bibi and Behula. Behula got the suit land from Sk. Nabir by way of dower. Behula had four sons viz. Adhar, Dinu, Basiruddin and Satya. Satya predeceased his mother Behula. Behula while in possession of the suit property died and on her death the same devolved upon her three living sons viz. Adhar, Dinu and Basiruddin in equal shares. The plaintiffs are the legal heirs of Adhar. They, by way of inheritance, by purchase from other co-sharers and by exercising the right of pre-emption have acquired title to 3 decimals of land in plot No.1534 and 11 decimals of land in plot No.1534/1801. In Title Suit No.107 of 1937, the shares of Adhar, Dinu and Basiruddin in two suit plots, were determined. It was accordingly recorded in the R. S. R. O. R. The defendants in spite of having no title in the suit plot illegally cut away bamboos and one tree therefrom. Hence was the suit for declaration of title, permanent injunction and damages.

(3.) The defendant Nos. 1 to 4 contested the suit by filing written statement denying material allegations of the plaint. They contended inter alia that Behula Bibi while in possession of the suit lands, as owner died intestate leaving four sons Adhar, Dinu, Basiruddin and Satya as her legal heirs. The right and interest of the legal heirs of Satya were acknowledged in Title suit No.107 of 1937. Some of the legal heirs of Satya sold away their shares of lands to the defendants by one registered deed dated 20th August, 1958. The defendants are in possession of their share of land. The entries in the record of right are erroneous. The suit is liable to be dismissed.