MD. AKBAR Vs. MD. ISMAIL

JUDGEMENT

(1.) Title dispute with regard to nine plots of land lying and situate in Asansol form the subject matter of this second appeal. It formed subject matter of three suits.

(2.) Hiralal Dusad was the owner of these nine plots of land. On July 7, 1955, Abdul Hai and Md. Ismail filed Title Suit No. 232 of 1955 against Hiralal Dusad and others. In such Title Suit No. 232 of 1955 Abdul Hai and Md. Ismail sought declaration of title and permanent injunction in respect of the said nine plots of land against Hiralal Dusad and others. On September 29, 1958 Title Suit No. 232 of 1955 was dismissed. An appeal was carried by Abdul Hai and Md. Ismail which was registered as Title Appeal No. 77 of 1958. Such appeal was allowed on July 31, 1959. Title Suit No. 232 of 1955 was remanded for trial in the light of the observation made in the Appellate Court's judgment. After remand Title Suit No. 232 of 1955 was renumbered as Title Suit No. 32 of 1960/ Title Suit No. 232 of 1955. Title Suit No. 32 of 1960 was dismissed. An appeal was preferred which was registered as Title Appeal No. 111 of 1963. Such appeal was dismissed. A second appeal was sought to be filed which was not admitted on April 4, 1964. In view of such proceedings Abdul Hai and Md. Ismail failed to establish their title in respect of the nine plots of land against Hiralal Dusad.

(3.) Being threatened with dispossession, Hiralal Dusad filed Title Suit No. 32 of 1977. Md. Ismail was one of the defendants in such suit, being defendant no. 5. Title Suit No. 32 of 1977 was decreed on December 23, 1980.