SUNITY CHATTERJEE Vs. MOBARAK KHAN

JUDGEMENT

(1.) BOTH the Second Appeals have been preferred against the judgment passed by the learned civil Judge, Senior Division, Kalna in Title Appeal nos. 18 of 1998 and 19 of 1998 which were preferred against the judgment passed by the learned Civil Judge, Junior Division, Kalna in Title suit nos. 147 of 1991 and 80 of 1992, which were heard analogously. Case of the plaintiffs of T. S. no. 147 of 1991 is that the "ka" schedule properties originally belonged to Najir Khan, Ujir Khan, Ahad Khan and Jahad Khan. Najir Khan, Jahad Khan had 8 ana share in those properties while Ujir Khan, Jahad Khan and Ahad Khan were the owners of the 8 Ana share of those properties. The properties were accordingly recorded in the C. S. Record of Rights.

(2.) UJIR Khan was the sole owner of the "kha" schedule properties. He transferred the same to his wife Tinu Bibi under life interest in the year 1332 B. S. by registered deed. After the death of Tinu Bibi, the "kha" schedule properties devolved upon Jahad and the plaintiff nos. 1 to 4 who are the legal heirs of Jahad.

(3.) UJIR, Ahad and Jahad were the original owners in respect of the "ga" schedule properties and their names accordingly were recorded. After the demise of Ujir Khan, Jahad Khan inherited his shares and accordingly he became the owner of the "ga" schedule properties to the extent of 10 Ana 13 Gandas 1 Kara 1 Kranti share. After the demise of Jahad Khan said properties were inherited by Ershad Ali Khan and Torab Ali Khan. Plaintiff nos. 5 to 11 are the heirs of Ershad Ali Khan and Torab Ali Khan and they were in possession of the "ga" schedule properties. Najir Khan sold out his 8 Ana share in the "ka" schedule properties to Tinkari Chatterjee, Tarakeswar Chatterjee and Khudiram Chatterjee and their names were recorded in the C. S. record of rights. After the death of Tinkari, Tarakeswar and Khudiram Chatterjee, those lands were recorded in the R. S. Khatian in the names of their legal heirs who are defendant nos. 1 to 21.