NAZIRUDDIN LASKAR AND ORS. Vs. MUSSTT. ABEDA KHATUN

JUDGEMENT

(1.) These two Revisions are directed against the judgments and decrees dated 12-8-1985 passed by the Munsiff No. 1, Hailakandi in Title Suit No. 20 of 1984 and Title Suit No. 21 of 1984 decreeing the suits for recovery of possession under Sec. 6 of the Specific Relief Act, 1963. The Defendants of the suits have preferred these two Revisions. Same set of defendants in both the suits and same point of law involves in these two Revisions, so they are heard analogous and disposed of by this common judgment.

(2.) The land in suit belonged to one Mastan Mia and on his death it devolved to different groups of heirs. Plaintiffs Abeda Khatun and Md. Sunahar Ali Choudhury and the defendants Nasiruddin Laskar and others purchased the same plot of land on different dates from different group of heirs of late Mastan Mia. The plaintiffs Abeda and Sunahar Ali Choudhury purchased on 23-5-1983 where-as the defendants purchased few days earlier, i.e. on 7-5-83, 17-5-83, 18-5-83 and 20-5-1983.

(3.) The case for the Plaintiffs in the suits was that by an amicable partition Hilalur Rahman Barbhuiyan and Khalilur Rahman Barbhuiyan got the eastern half and western half of the suit Dag No. 230 and was in peaceful possession and that Hilalur sold the eastern half of the Dag to the plaintiff of Title Suit No. 20 of 1984 on 23-5-1983 and Khalilur sold his western half of that Dag to the plaintiff of Title Suit No. 21 of 1984 and they got delivery of possession. It was alleged that on 5-11-1983 the defendants constructed a house within the night over a portion of the suit Dag and dispossessed the plaintiffs from that portion and subsequently in Dec. the defendants forcibly reaped away the paddy grown by the plaintiff on the eastern portion and forcibly dispossessed them from the entire suit land Dag No. 230. So, the plaintiffs instituted the suits No. 20 of 1984 and 21 of 1984 separately under Sec. 6 of the Specific Relief Act.