KHALEDA BEGUM Vs. TAJUL ISLAM AND ORS.

JUDGEMENT

(1.) Heard Mr. D. Mazumdar, learned Sr. counsel appearing for the appellants. Also heard Mr. A. Alam, learned counsel representing the respondents.

(2.) This second appeal has been preferred against the concurrent judgment and decree dated 23-03-2006 passed by the learned District Judge, Karimganj in Title Appeal No. 04/2005 thereby affirming the judgment and decree dated 09- 05-2005 passed by the learned Civil Judge (Sr. Div.), Karimganj decreeing the suit filed by the plaintiffs.

(3.) The plaintiffs case as projected in the plaint is that the father of the plaintiff No. 1 and husband of plaintiff No. 2 i.e. Badaruddin was the sole owner of the schedule 1 land which is covered by Settlement Survey Dag No. 330 of Final Khatiyan No. 485 of Mouza Lamajuar Part-I in Paragana Chapghat in the district of Karimganj pertaining to the erstwhile permanently settled Estate Taluk No. 9537/1585 Saharulla, kitta 'Gajirgul'. Badaruddin purchased 1 Kedar of land lying in the eastern part of the 1st schedule land and the rest part of the schedule-1 land was inherited from his father. After the Government acquired the proprietary rights of the permanently Settled Estate Taluk, Badaruddin became land holder in respect of the said land and during settlement operation held 35/36 years back, the entire 1st schedule land had been recorded in the name of Badaruddin in the settlement record. Accordingly, Final Khatiyan No. 485 of Mouza Lamajuar Part-I had been issued in the name of Badaruddin. After the death of Badaruddin his only son i.e. plaintiff No. 1, his wife plaintiff No. 2 and the daughters i.e. proforma defendant No. 10 to 17 became the owners of the 1st schedule land. Thereafter, under the mutual family agreement and partition, the plaintiff No. 1 had became the full and absolute owners of the 1st schedule land and he has been possessing the said land and enjoying usufructs thereof in assertion of right, title and interest over the said land.