MOJIBOR Vs. MD. NURUL ISLAM

JUDGEMENT

(1.) This Petition for Leave to Appeal is directed against the judgment and order dated the 12th day of May, 2009 passed by the High Court Division in First Appeal No. 195 of 1999 allowing the appeal decreeing the Title Suit No.4 of 1997.

(2.) The facts involved in the case, in short, are that the suit land originally belonged to Zamindars Babu Sunil Chandra Ghose, Kiron Chandra Ghose and others and while in khas possession through 3 pattans in 1351, 1352 and 1353 B.S. they gave the land under settlement to Sheikh Wahab Ali after receiving salami and issuing proper dakhilas and said Wahab Ali erected dwelling house over plot No.784 and used to live there with family and in other plots used to cultivate and grow different crops and in this way S.A. and R.S. record were prepared in the name of Wahab Ali; that in the said records his name entered wrongly with the names of superior Zaminders; that Wahab Ali died leaving son Siddiqur Rahman, widow Sajan Bibi and daughter Sahatan who inherited the property and subsequently, the widow and daughter gifted their shares in favour of Siddiqur Rahman through registered instrument and delivered possession; that on 30.03.1985 corresponding to 16th Chaitra 1391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that in the first part of Falgun, 1387 B.S. the defendant No.1 tried to dispossess the plaintiff on the plea of leave taken by him as vested and non-resident property and said Md. Siddiqur Rahman and others filed Title Suit No.106 of 1981 before the Court of Munsif, Manikganj which subsequently, renumbered as Title Suit No.215 of 1984 and on 30.06.1987 the decree was passed declaring the title of Md. Siddiqur Rahman and plaintiff and also declaring that the suit land is not vested and non-resident property.

(3.) The defendants contested the suit by filing written statement denying the materials facts contending, inter-alia, that the suit land originally belonged to Ex-landlords Kiron Chandra and others and he along with his brothers would barga cultivate the suit land under the landlords and afterwards said landlords proposed to sell the suit land the defendant No.2 agreed to purchase the same and accordingly, they executed 2(two) bainanamas in favour of the defendant No.2 on 31.12.1962 and delivered the possession of the suit land in favour of the defendant No.2, but the deed of transfer could not be registered due to imposition of restrictions on the transfer for land of the Hindu Citizens; that Ex-landlord Shashi Bhusan Sana and others who left for India during the Indo-Pak war in 1965 and accordingly, it was enlisted as the enemy property and thereafter, as vested and non-resident property and that the suit land has been lease out to the defendant No.2 vide VP Case No.1/Satu/81/ who has been possessing the same paying lease money to the Government and that all the papers of the plaintiff are false and as such, the suit is liable to be dismissed.