JAHIDUL ISLAM Vs. ABU SHAMA

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned senior counsel appearing on behalf of the Appellants and Mr. A.R. Sikdar, learned counsel appearing on behalf of the respondents.

(2.) This appeal under Sec. 100 Of the Code of Civil Procedure, 1908 was admitted on 31/05/2013 on the following substantial questions of law:-

(3.) At the outset, it is stated that the question No. 3 being not a substantial question of law and no further existence of substantial question of law having urged, the same is deleted. Before deciding the said substantial questions of law as formulated by this Court, it would be relevant to take note of the background of the instant lis. The plaintiffs who are the appellants herein had instituted the suit seeking declaration of their right, title and interest and for confirmation of possession in respect to the Schedule B land; for declaration of the registered sale deed bearing Deed No. 477/2001 dated 01/03/2001 as illegal, invalid and inoperative in law and for issuance of a precept to the Sub-Registrar for cancellation of the said deed of sale and for issuance of a further precept for restoration of a mutation in favour of the plaintiffs; for partition of the Schedule-B land by issuance of separate patta in favour of the plaintiffs and for permanent injunction. The case of the plaintiffs in the said suit was that the plaintiffs have purchased the Schedule B land from the Proforma-Respondent Nos. 6 and 7 vide the registered sale deed bearing No. 1081/1999 dated 04/12/1999. The plaintiffs on 05/03/2001 came to learn that the defendant Nos. 1 to 4 sold the B-Schedule land to the defendant No. 5 vide the registered sale deed bearing No. 477/2001 dated 01/03/2001. Pursuant to the purchase made by the defendant No. 5 vide the said registered Sale Deed dated 01/03/2001, the defendant No. 5 tried to dispossesses the plaintiffs from the suit land on 10/03/2001 for which the said suit was filed by the plaintiffs seeking the above mentioned reliefs.