ANWAR HUSSAIN LASKAR Vs. SARIF UDDIN MIA

JUDGEMENT

(1.) Heard Mr. S Banik, the learned counsel appearing on behalf of the appellant. None appeared on behalf of the respondents though names of the learned counsels are shown in the cause list. Considering the length of pendency of this second appeal this is taken up for hearing.

(2.) The appellants herein are the plaintiffs in Title Suit No.87/2003 preferred against the present respondents/defendants therein. The suit of the plaintiffs/appellants is for recovery of possession and permanent injunction simpliciter. The case of the plaintiffs/appellants in brief is that the land described in Schedule-1 of the plaint belonged to Musod Ali, Kurman Ali, Sadim Ali, Azam Ali and Moimunnessa Bibi. Azam Ali died living behind his son Jamal Uddin and wife Harisha Bibi as his legal heirs inheriting land to the extent of his share in the suit patta. The said pattadars Musod Ali, Sadim Ali, Jamal Uddin and Harisha Bibi jointly sold their entire land of suit patta to one Siraj Uddin, son of other pattadar Kurman Ali. Since then, the said Siraj Uddin was in possession of 10K 8Ch of land in the suit patta till the transfer of such land by way of sale to one Faizuddin Laskar vide registered sale deed dated 06.04.1981 and delivered possession thereon. The said Faizuddin Laskar also purchased the entire share of the pattadar Kurman Ali from his legal heirs by two different sale deeds dated 11.02.1981 and 12.10.81 and maintained his possession thereof. Faizuddin Laskar, accordingly became the owner of the land measuring 13K 4Ch in Dag No.93 of second RS Patta No.9 along with other land in other dags and patta of the same mouza. The said Faizuddin Laskar being the exclusive owner and in possession of the land of suit patta, transferred his entire right, title and interest over his total land in suit patta along with other lands to the plaintiffs/appellants Nos. 1 to 4 jointly by registered sale deed No.4129 dated 07.09.1990 and delivered possession to them. The legal heirs of another pattadar Musstt. Moimunnessa Bibi also sold her share in the said patta measuring 2K 8 Ch. vide registered sale deed 5368 dated 11.12.1990 to the plaintiff No.5 and delivered possession thereof. Thus the plaintiffs jointly became the absolute owner of Schedule-1 property measuring 15K 12Ch having possession thereon.

(3.) The plaintiffs/appellants instituted Title Suit No.101/1997 in the court of Civil Judge (Junior Division) No.1, Silchar against the present defendants/respondents along with some other defendants praying for declaration of right, title and interest and confirmation of possession over the Schedule-1 land and for declaration that the sale deed No.4301 dated 18.09.1990, on the basis of which the said defendants/respondents claimed their right, title and interest over the suit land to be illegal and liable to be cancelled. The said suit was decreed in favour of the plaintiffs/respondents and the said decree was put into execution in Title Execution Case No.11/2002. The said decree was finally executed and as a result, the registered sale deed No.4301 dated 18.09.1990 was cancelled and the names of the defendants/respondents were struck off from the records. The defendants/respondents arranged a path from their land in Dag No.88 and 89 of Second RS patta No.5 on the Northern boundary of the Schedule-1 land up to the embankment cum bund of the Southern boundary of the Schedule-1 land and, as a result the said stretch which is fully described in Schedule-2 of the plaint, was trespassed by the said defendants/respondents thereby dispossessing the plaintiffs/appellants. Hence the suit.