ABDUL SUKUR Vs. MUFASSIL ALI LASKAR

JUDGEMENT

(1.) HEARD Mr. Inam Uddin, the learned Counsel appearing for the petitioner who is the first defendant in the Title Suit No.44/2004. Also heard Mr. D. Mazumdar, the learned Senior Counsel appearing for the respondents.

(2.) THE Title Suit No.44/2004 was filed in respect of the land originally owned by Late Basarat Ali, the predecessor in interest of the plaintiffs and the defendant No.2 Md. Abdul Musabbir Laskar. The family members of the plaintiffs and the 2nd defendant resided in the suit land by constructing their residences and the successors were in possession of their respective portion, on the basis of amicable arrangement amongst themselves. However the defendant No.1 attempted to take forcible possession of the land on 20.7.2004 and although they were successfully resisted then, upon further inquiry, the plaintiffs learnt of the Sale Deed No.6796 dated 10.8.1982, whereby the defendant No.1 purportedly purchased the Schedule -B land of the suit from the 2nd defendant. Therefore the T.S. No.44/2004 was filed to claim title over the land mentioned in the ScheduleA and to challenge the legal validity of the Sale Deed in respect of the ScheduleB land.

(3.) AFTER the parties appeared, the issues in the suit were framed on 11.7.2005 but since the defendant No.1 was absent on the consecutive dates, the learned Trial Judge on 21.12.2006 ordered for ex parte proceeding against him. The defendant No.1 then applied for re -consideration of the order through his Petition No.331/07 but on 24.7.2007, the applicant was absent. Therefore his Petition No.331/07 was dismissed and the case was fixed for cross -examination of the PWs.