LUTFAR RAHMAN Vs. ABDUL JALIL

JUDGEMENT

(1.) The appellants-plaintiffs instituted Title Suit No. 58 of 1989 and the said suit was dismissed by the trial Court, whereupon the appellants preferred Title Appeal No.29 of 1996 before the Civil Judge (Senior Division), but no relief was granted and hence the present appeal. TS No.58 of 1989 was in respect of 3 bighas of land out of 7 bighas 1 kathas 13 lechas of land situated at village Jahorpum under Ghilazari Mouza and covered by Dag No.595 and KP Patta No. 142 (herein after referred to as the suit land).

(2.) The case of the plaintiff is that one Md Manir Uddin Munsi was the original owner of the land and sold 5 bighas of land to one Bhagawan Das and the said Bhagawan Das sold the suit land measuring 3 bighas to the father of the plaintiff, namely, Daulat Khan by Registered Sale Deed No.7286 of 1978. The plaintiffs obtained mutation over the suit land but subsequently it was cancelled. The plaintiffs thereafter filed the suit for declaration of right, title and confirmation of possession and also for issuance of precept for mutation.

(3.) The respondents-defendants contested the suit raising the usual pleas. The defendants denied the alleged sale in favour of the plaintiffs by Manir Uddin. The defendants also filed counter claim stating that the plaintiffs have forcibly occupied the suit land on 11.12.86 and accordingly the defendants prayed for declaration of right, title and recovery of khas possession and also for cancellation of the Sale Deed No.7286 of 1978.