SHEIKH ABDUR RASHID Vs. ALHAJ AKRAM HOSSAIN

JUDGEMENT

(1.) This appeal has arisen out of a leave granting order dated 8.1.1998 passed by this Court in Civil Petition for Leave to Appeal No. 1172 of 1997 filed against the judgment and order dated 11.8.1997 passed by the single Bench of the High Court Division in Civil Revision No. 765 of 1994 making the Rule absolute and setting aside the judgment and decree dated 22.4.1993 passed by the learned Subordinate Judge, Bagerhat in Title Appeal No. 170 of 1991 affirming those of dated 21.5.1991 passed by the learned Additional Assistant Judge, Court No. 2 Bagerhat in Title Suit No. 280 of 1991 dismissing the suit.

(2.) The present respondent No. 1 as plaintiff filed Title Suit No. 501 of 1983 (subsequently) renumbered as Title Suit No. 280 of 1991 in the Court of Munsif, Sadar, Bagerhat for declaration that order by Circle Officer (Revenue) Bagerhat in Miscellaneous Case No. 818/1983-84 and the kabala claimed in the said Miscellaneous case is, void, illegal, forged, fictitious and for permanent injunction restraining the defendant from entering into the suit land and disturbing the plaintiff's peaceful possession in the suit property contending, inter alia, that the suit land originally belonged to Nepal Chandra Poddar and others, who settled the same in favour of Manindra Nath Datta, and Atul Datta @ Arjun Datta in the first part of Baishak, 1344 B.S. Manindra and Atul @ Arjun used to possess the said land on the basis of the said settlement, Atul @ Arjun died in the year 1370 B.S leaving a widow and a brother Manindra Nath Datta as his heirs. Widow of Atul @ Arjun also died and her share developed upon Manindra. The Title of Manindra in the suit land was confirmed in a sole decree dated 13.6.1981 passed in Title Suit No. 51 of 1979 of the court of Munsif, Sadar, Bagerhat.

(3.) Manindra Nath Datta sold the suit land to the plaintiff by a registered kabala dated 1.3.1983, who mutated his name vide miscellaneous Case No. 29 of 1983. The defendant appellant taking the plea of wrong recording of the suit land in the S.A. Khatian obtained mutation order in his name vide Miscellaneous Case No. 828 of 1983-84 on the basis of a fraudulent document and threatened the plaintiff with dispossession on 5.12.83. Hence the plaintiff filed the suit for the aforesaid reliefs.