ROBERT PINARU Vs. MOULANA HABIBUR RAHMAN, 2006

JUDGEMENT

(1.) This is plaintiffs appeal, by leave, against the judgment and order dated August 24, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1358 of 1995 making the Rule absolute upon setting aside the judgment and decree dated February 26, 1995 of the 2nd Court of Additional District Judge. Chuadanga, in Title Appeal No. 22 of 1994 affirming those of dated February 24, 1994 of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding upon the plaintiff and that the S. A. record in the name of defendant No.9 and R. S. record in the name of defendant No. 8 are incorrect.

(2.) Plaintiff averred that land in suit belonged to C.S. recorded tenant Monohar Ghosh and on the death of Monahar Ghosh his interest devolved upon his daughter Charubala who settled 41 decimals of land (including the land in suit) to one Taiyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he possessed the land on payment of rent to the Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 decimals of land and out of that 14 decimals were acquired by C & B Department and thereupon he remained owner and possessor of 27 decimals of land. It was further averred that during the war of liberation he left Bangladesh and in his absence structures including dwelling house in the land in suit were destroyed and after emergence of Bangladesh he returned and he started to possess the land and while he was so possessing the defendant No.1 threatened him to dispossess and thereupon he filed Criminal Miscellaneous Case No. 89 of 1975 under Section 144 of the Code of Criminal Procedure on June 11, 1975; and the said proceeding was made absolute. Thereupon the defendant No.1 filed Title Suit No. 626 of 1975 in the Court of Munsif, by Bahar Ali upon obtaining settlement in Chuadanga, seeking declaration of Titles and for a further declaration that the S.A khatian as regard the land of the said suit (which is the subject matter of the Title Suit No. 30 of 1985 is erroneous. The said suit having been dismissed on June 30, 1979. The defendant No.1 filed appeal No. 92 of 1979 and the same was dismissed on April 7, 1981. It was also averred that during the pendency of the Title Suit No. 626 of 1975 the defendant No.1 on May 1, 1979 dispossessed the plaintiff from the part of the land of the instant suit and erected one hut and that during the pendency of Appeal No. 92 of 1979 the defendant No. 1, converted the hut erected earlier in to a 'chouchala' hut and also erected some other huts. It is the case of the plaintiff since he has been dispossessed from the portion of the land in suit on May 1, 1979; same has necessitated him to file the suit.

(3.) The suit was contested by the defendant No.1-6 and 8 by filing separate set of written statements.