SK. ABDUL LATIF Vs. ABDUL MALEK KAZI

JUDGEMENT

(1.) This appeal by special leave is directed against judgment and order passed by the High Court Division in Second Appeal No. 293 of 1976.

(2.) The trial court decreed the suit. It was noticed that Ext.D is a Bhara agreement and it mentions sub-letting of the premises only for one year. Further Ext. A and A (1) show that defendant also paid rent to the owners for the months of Bhadra and Jaistha, 1357 B.S. The learned Munsif concluded that the defendant came on the suit premises in 1357 B.S. on the strength of Bhara kahuliat and not by forcible occupation as claimed. Then it was noticed Ext. 7 the decree that was, passed in T.S. No. 466 of 1958 against the defendant No.1 at the instance of sons of Afsar Kazi and Ext. 1 which shows that the plaintiffs in that suit got khas possession on 29.7.61 against the defendant No. 1 of this suit. In this view of the matter it was concluded by the trial court that the forcible possession by the defendant had taken place after 1961 and not before 1366 B.S. as claimed by the defendants. The trial Court, therefore, concluded that the suit is not barred by limitation. Then it considered the kabala Ext. 2 and considered the oral evidence and came to the conclusion that the plaintiffs have purchased the land along with other lands that are mentioned in the kabala.

(3.) The High Court Division dismissed the appeal preferred by the plaintiffs by holding: