FAKRUDDIN Vs. SHAHJANHA KHATOON

JUDGEMENT

(1.) The petitioners, who are the defendants in Original Suit No. 73 of 2015, were debarred from filing their written statement of defence by an order dtd. 27/5/2016. On 6/12/2016, they filed an application for permission to them to file their written statement. This application was dismissed for non-prosecution on 22/7/2017 and their application seeking permission to prosecute the application dtd. 6/12/2016 has been dismissed by the impugned order dtd. 21/5/2018.

(2.) Contention raised on behalf of the petitioners is that if they are not permitted to contest the suit on merits they would suffer irreparable loss and injury and, moreover, default on their part in not prosecuting the application dtd. 6/12/2016 could have been condoned by imposing cost upon them.

(3.) Briefly stated, Original Suit No. 73 of 2015 has been instituted by Shahjanha Khatoon and her son namely, Md. Mustaqu for a decree for declaration of their title over the land comprised under schedule "B" of the plaint and for a declaration of confirmation of their possession over the suit land and, in the alternative, a decree for recovery of possession of schedule "B" land by ejecting the defendants from the suit property. Another relief sought in the plaint is for a decree for Rs.3000.00 as arrears of rent. The plaintiffs have pleaded that the parties are governed by Hanfi School of Muslim Law and they are descendants of a common ancestor namely, Hansu Mian. The said Hansu Mian had three sons namely, Lecha Miyan, Naju Miyan and Halkhori Miyan. The plaintiffs are the descendants of Lecha Miyan and the defendants are the descendants of Halkhori Miyan. Case set-up by the plaintiffs is that mother of the plaintiff no. 1 received 13 decimals land from her husband namely, Ramjan Ali in dan mohar through a registered deed dtd. 26/7/1965. She thereafter got her name mutated and paid rent to the Chatra Municipality. This land is comprised under schedule "B" to the plaint. The plaintiff no. 1 has received the suit land from her mother through a registered gift deed dtd. 9/12/1993. The suit land has been mutated in her name and she has been depositing rent and tax in the Circle Office as well as with the Chatra Municipality.