JITENDRA NATH MISTRY Vs. ABDUL MALEK HOWLADER

JUDGEMENT

(1.) The instant appeal by the plaintiff, by leave, is against the judgment and order dated 9th December, 1992 passed by a Division Bench of the High Court Division in Civil Revision No. 2783 of 199 l(Dhaka)/Civil Revision No. 86 of 1987 (Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item Nos. 1 and 2 of the Ka schedule attached to the plaint. The learned District Judge by the aforesaid judgment and decree modified the judgment and decree dated 28th March, 1984 of the Court of Subordinate Judge, Jhalakathi in Title Suit No. 41 of 1983 by setting aside the judgment and decree passed by the learned Subordinate Judge insofar same related to the property No. 3 of the Ka schedule attached to the plaint. The learned Subordinate Judge decreed by the aforementioned judgment and decree the suit which was for declaration of title to the three items of properties described in the Ka schedule attached to the plaint and for recovery of khas possession thereof.

(2.) Plaintiff-petitioner filed the suit as reversioner of Narayan Chandra, son of Balaram Mistry whose father was Iswar Chandra.

(3.) Facts, in short, are that one Naba Krishna died leaving 5 sons by name, Raj Chandra, Iswar Chandra, Bindaban Chandra, Radha Krishna and Sanatan Mistry. Plaintiff is the son of Khosal Chandra whose father was Raj Chandra.