KHONDOKER MOBARAK ALI Vs. JAHANARA BEGUM

JUDGEMENT

(1.) This appeal at the instance of the plaintiff arises out of the judgment and order dated 26.4.1995 passed by the Single Bench of the High Court Division in Civil Revision No. 914 of 1987 making the Rule absolute and reversing the judgment and decree dated 8.7.1987 of the learned Additional District judge, Bagerhat passed in Title Appeal No.181 of 1984 decreeing the suit and reversing the judgment and decree dated 7.2.1983 passed by the learned Assistant Judge, Bagerhat in Title Suit No. 396 of 1975 dismissing the Suit.

(2.) Rakhal Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession thereof.

(3.) The Case of the plaintiff, in short, is that 30 decimals of land of S.A. Khatian No. 16 corresponding to C.S. Khatian No.116 of Mouza Bashabati belonged to Gobinda Bairagi under landlord Ambika Charan, Gobinda Bairagi died about 30-40 years back, (Gobinda Baragi died unmarried leaving no heir), landlord Ambika Charan made the suit land khas and took it under his own possession. After the death of Ambika Charn his son Minindra Nath, in the year of 1359 B.S. Settled the suit land orally to the plaintiff Rakhal Chandra Pal. Manindra Nath filed Rent suit No.150 of 1956 wherein tie admitted the present plaintiff as his tenant. On payment of arrear rents the suit was dismissed. The plaintiff had been in possession of the suit land having the Golpata hut on it on 19.4.73 the defendant No.1 dispossessed the plaintiff, hence the suit was filed.