AZIZULLAH @ AZIZUR RAHMAN Vs. ABU TAHER CHOWDHURY

JUDGEMENT

(1.) Delay is condoned. This Civil Review Petition has arisen out of the judgment and order dated 13th August, 2001 passed by this Division in civil petition for leave to Appeal No. 1030 of 1997 dismissing the same.

(2.) The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profits stating, inter alia, that he purchased the suit land as described in 'Ga', schedule land by 2 kabalas dated 5-4-1973 and 6-4-1973 followed by 2 rectification deeds dated 27-4-1974 and 29-4-1974. One Haran Chandra was in possession of 'Ga' schedule land as bharatia under the vendors of the plaintiff-respondent. Haran Chandra having defaulted in payment of rent, Haran Chandra abandoned and surrendered the suit land in favour of the plaintiff. Taking advantage of the opportunity of the political disturbances in the country, the defendant-petitioner No.1 forcibly and illegally entered into the suit land in the month of Bhadra, 1978 B.S. and he was still in possession in the suit land as a trespasser, the defendant-petitioner has no valid title in the suit property. The plaintiff or his vendor did not recognize the petitioner as bharatia and as such the plaintiff is entitled to get khas possession of the suit land by evicting the petitioner therefrom. The plaintiff is also entitled to get mesne profits for use and occupation of the suit land.

(3.) The said suit was contested by the defendant-petitioner and his case was that the suit land belonged to Kulsum Banu and one Bhupal Chandra Bardan took settlement of the suit land by bharatia agreement dated 5-1-1946 and used to run a tea stall there, Bhupal Chandra Bardan gave 'Bondabosta' of the suit land to Haran Chandra Das and the original owner of the suit land Kulsum Banu recognized Haran Chandra Das as a tenant under her and she realized rent from him. It was further alleged that the contesting defendant-petitioner purchased the suit land on 18th Bhadra, 1377 B. S. from said Haran Chandra Das and since then defendant-petitioner has been possessing the same by way of running tea stall there.