SHAMSUR NESSA Vs. MD. SHAJAHAN ALI

JUDGEMENT

(1.) This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a Single Bench of the High Court Division in Civil Revision No. 184 of 1987 (Dhaka)/Civil Revision No.459 of 1988 (Rangpur) making the Rule absolute upon setting aside the judgment and decree dated 25-11-1986 passed by the learned Additional District Judge, Rajshahi in Title Appeal No.80 of 1982 dismissing the appeal and affirming the judgment and decree dated 14-04-1981 passed by the learned Munsif, Sadar, Rajshahi in Other Class Suit No.360 of 1973 dismissing the suit on contest.

(2.) Plaintiff-respondent Nos. 1 and 2 instituted Other Class Suit No.360 of 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit property stating, inter alia, that one Tarini surrendered his korfa pattan in respect of the suit land of C. S. khatian No. 21 to his landlord Paramananda Mondol, who while in possession died leaving behind two sons, Gonesh Chandra and Dasabir Chandra; leaving Khagendra and Daman as two sons Dasabir Chandra also died. Thereafter, Gonesh Chandra, Khangendra and Daman sold half of the suit plot, comprising an area of 1.83 acres to plaintiffs by a registered kabala dated 25-04-1969. On the same day one Erfan Ali also purchased by another kabala the rest half of the suit plot from the said vendors of the plaintiffs. By amicable arrangement the plaintiffs got possession in the western half of the said plot and said Erfan Ali got the eastern half. In the preliminary S.A. record the suit land was recorded in the name of the heirs of Paramananda Mondal and then it was wrongly recorded in the name of one Rajendra Nath Shil. The plaintiffs sought for correction of the record, but the defendant-appellants raised objection disclosing that defendant No.3 had purchased the suit plot from said Rajendra Nath Shil by a registered sale deed dated 07-07-1969 and that said Erfan Ali by executing a nadabi deed dated 21-06-1971 relinquished his claim over the suit plot and that on 13-10-1972 defendant No.3 also sold .98 acres of land from the suit plot to defendant Nos. 1 and 2.

(3.) Defendant Nos. 1 and 2 by filing a joint written statement denied right, title, interest and possession of the plaintiffs in the suit land. Their case, in short, is that Paramananda Mondal by a registered kabala dated 30-04-1926 sold the suit plot to Rajendra Nath Shil and left the country for good. Accordingly, the name of Rajendra Nath Shil was correctly recorded in S. A. khatian and he also paid rent to the Government. There was a Certificate Case No.2602/57-58 in respect of the suit khatian and said Rajendra Nath Shil paid the certificate dues and he by a registered kabala dated 07-07-1969 sold the said land to defendant No.3, who by a Kabala dated 13-10-1972 sold .98 acres of land to defendant Nos.1 and 2. Defendant Nos. 1 -3 have been possessing the suit plot.