SUKKADA BALA GOPE Vs. PRAN HARI GOPE

JUDGEMENT

(1.) This appeal by leave granted by this Court was to consider the points raised:

(2.) He further submits that the High Court Division's judgment dated 2.12.1999 in Civil Revision No. 182 of 1990 is wrong and perverse and the learned Judge of the High Court Division has not applied his judicial mind on the documents and evidence of the defendant in that-

(3.) The facts relevant for disposal of the appeal are that the respondents as the plaintiff filed Other Suit No. 141 of 1984 in the court of the Munsif, Sitakunda against the petitioner for declaration of title to the suit land alleging that the suit land originally belonged to Kamini Bala Ghosh who sold the same to Ramoni Mohan sold the same to Joshada Sundari Saha by a registered kabala dated 5.2.1944 who died leaving Sudamoni Saha as her son's widow and the said Sudamoni Saha sold the suit land to the plaintiff by a kabala dated 9.1.1978 and since then he is in possession of the same. Defendant's name having been wrongly recorded in the B.S. Khatian plaintiff filed the suit for declaration of title.