MD NASIM Vs. MD JAHANGIR ALLAM & OTHERS

JUDGEMENT

(1.) This second appeal has been filed challenging the common judgment followed by decrees in R.F.A. No. 03 of 2004 and R.F.A. No. 10 of 2004 passed by the learned District Judge, Keonjhar in setting aside the judgment and decree passed by the learned Civil Judge (Sr. Division), Keonjhar in Title Suit No. 84 of 1999 reversing its findings on crucial issues.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Plaintiff's case is that as per the record of right of village, Magurgadia of the year 1981, land in total measuring Ac. 1.390 decimals under plot no. 407 stood recorded in the name of late Md. Sirazuddin. After his death in the year 1970, his two sons namely, Md. Mazhurul Haque and Md. Ekramul Haque amicably divided the total land and then began selling portions out of their respective shares to different persons from time to time. Some land was also acquired by the Central Government for extension of National Highway lying to the adjacent south of the suit plot. Land measuring Ac. 0.07 decimals was inside the Mosque premises used as Wooz Khana adjacent to the West of the suit plot.