MD. ABDUL LATIF Vs. LALOI MIA

JUDGEMENT

(1.) This second appeal is by the plaintiff against the judgment and decree passed by learned Civil Judge, Karimganj in Title Appeal No. 86/2003, whereby the learned Civil Judge dismissing the appeal filed by the plaintiff, upheld the judgment and decree passed by the learned trial court in T.S. No. 139/2000.

(2.) The plaintiff filed a suit (T.S. No. 139/2000) for declaration of title, confirmation of possession and permanent injunction. Pleaded case of the plaintiff was that land measuring 2 powas 4 josties falling on the northern part of the suit land was originally owned by Makkadas Ali and Makkadas Ali sold the said land to Najafat Ali by registered sale deed on 05- 03-1952. Najafat Ali sold the said 2 powas 4 josties of land along with other land to one Umar Ali and delivered possession and Umar Ali had been possessing the said land since 1952. Later on said Umar Ali and his wife sold the suit land along with other land to Mubarak Ali and Partina Bibi by registered deed. After death of her husband, by family partition, Partina Bibi became the owner of the suit land. Thereafter, Partina Bibi by registered sale deed dated 19-05-1975 sold the suit land to Mohibur Rahman and delivered possession. Najafat Ali filed a suit in the year 1968 against Mahibur, Partina, Mubarak and others in respect of the suit land along with other land seeking declaration of title and other reliefs, which was dismissed. After dismissal of the suit, Najafat Ali executed a registered deed of relinquishment in favour of Habib, Mohibur and others. Plaintiff purchased the suit land from Mohibur and his legal heirs in 1983 and 2000 respectively. The defendants inspite of having no right, title and interest over the suit land started interfering with the possession of the plaintiff and hence, the plaintiff filed the suit.

(3.) Pleaded case of the defendant was that Nafajat Ali was the original owner of the suit land, who sold 2 powas 5 josties of land to Surman Ali and Makkadas Ali and handed over possession to them. Nafajat Ali also sold 11.5 josties of land to said Surman and Makaddas. After partition between Mukaddas and Surman, Surman Ali sold 11.5. josties of the land being part of the suit land to defendant No. 1 Abdur Rashid @ Haloo by registered deed in 1968. Nafajat Ali also sold one powas of land to the father of defendant No. 1, Sarafat Ali on 26.05.1957. After death of Sarafat Ali, the land purchased by him, devolved upon his son, the defendant no. 1. During last settlement the suit land was included in dag no. 736 and 737. It was also stated that during the re-settlement, though the name of Najafat Ali was wrongly recorded in the Jamabandi in respect of dag no. 736 along with Basaral Ali, Najafat Ali had no interest or title over the said land, inasmuch as, he transferred the said land, as back as in the year 1968 by registered deed. It was also stated that Mohibur Rahman had no right, title and interest over the suit land, and therefore, plaintiff also did not acquire any title over the suit property. Though the sale deed no. 1070 was created by collusion, the plaintiff never possessed the suit land. It was also stated that the defendants were neither parties in the suit filed by Najafat Ali, nor the present suit land was involved in the suit filed by Najafat Ali in 1968. The specific case of the defendant was that the sale deed No. 1070 on the basis of which, the plaintiff claims title was collusive and they did not acquire any title over the suit land. On the basis of the above pleadings the learned trial court framed the following issues :-