JARINA KHATUN Vs. GANI HOWLADER

JUDGEMENT

(1.) This Rule was obtained by plaintiff upon making an application under section 115 of the Code of Civil Procedure against judgment and decree dated 12-6-1995 passed by Subordinate Judge, 3rd Court, Barisal in Title Appeal No. 298 of 1993 affirming those dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit.

(2.) The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, void and without any lawful authority. On the death of Tayeb All, his heirs, present petitioners, after being substituted continued with the proceedings.

(3.) The plaint Case, in short, is that: 8 annas of plot No. 1522 measuring 0.08 acre and 0.31 acre of plot No. 1524 appertaining to RS Khatian No. 2325 and SA Khatian No. 992 originally belonged to Kashem Ali and Sorju Bala. Other 8 annas of plot No. 1522 was owned and possessed by the plaintiff and SA Khatian Nos. 1446 and 1333 were recorded in his name. The suit land measuring 0.39 acre was purchased by Kali Mohan Mukhopadhya on an auction sale held on 5-1- 1953. Said Kali Mohan Mukhopadhya obtained sale certificate and got possession of the land through Court on 18-4-1954.