RAHMAT ULLAH Vs. MD. SAYED ALI AND ORS.

JUDGEMENT

(1.) This second appeal is by the defendant, against the concurrent finding of the First Appellate Court in Title Appeal, whereby the suit filed by the plaintiff was dismissed.

(2.) Brief facts leading to the present second appeal were that the respondent as plaintiff filed Title Suit No. 73/1999 for declaration of right, title and recovery of khas possession. The case of the plaintiff was that the suit land originally belong to one Jafar Ali and plaintiff purchased the suit land from said Jafar Ali on 02.04.1994 by registered sale deed No. 210/94 and got mutation thereover. The defendant having their land adjacent to the land of the plaintiff, tried to encroach upon the suit land, where upon the plaintiff instituted a criminal proceeding under section 145 CrPC, 1973 and the criminal court declared possession of the plaintiff. When the plaintiff had been possessing the suit land peacefully, the defendants dispossessed the plaintiff from the suit land forcibly on 10.01.1999 and hence the plaintiffs filed the suit.

(3.) The pleaded case of the defendant was that the suit land was purchased by Jafar Ali in an auction sale in auction sale case No. 74/67-68. Said Jafar Ali sold the land to one Roshan Ali by sale deed No. 1576/1969 and Roshan Ali in turn sold the suit land to Mustt Dudhjan Nessa, the mother of the defendants No. 3, 4 and 5. It was further pleaded in the joint written statement by all the defendants that the defendants No. 1, 2 and 6 did not have any right, title and interest over the suit land and only the defendants No. 3, 4 and 5 claimed right, title and interest over the suit land as legal heirs of Dudhjan Begum.