MIR KALIMUDDIN Vs. MOHAMMAD DHUKHI MONDAL

JUDGEMENT

(1.) Petitioners seek review of the judgment dated April 5, 2003 rejecting the Civil Petition for Leave to Appeal No. 632 of 2002 which was filed against the judgment and decree of a single Bench of the High Court Division in Second Appeal No. 205 of 1979 allowing the same.

(2.) Plaintiff-Respondent filed suit, Title Suit No. 151 of 1967, seeking declaration of title and confirmation of possession in respect of the land measuring 3.75 acres which he acquired in exchange of his property in India. It was the case of the plaintiff that he is in possession of the land in suit since 1356 B.S and that during R.S operation defendants managed to get the land in suit recorded in their names and on the basis of the said wrong recording raised claim in respect of the land in suit and also threatend the plaintiff to dispossess from the land in suit.

(3.) The suit was contested by the defendants stating, inter alia, that by an oral exchange in 1356 B.S defendant No. 8 got the property in suit and that thereafter a power of attorney was executed by the wife of Hajarilal Modal, who owned the property in suit in favour of the defendant No. 8 and on the basis of the said power of attorney defendant No. 8 executed a deed of exchange in the form of sale deed on June 2, 1955 in favour of his wife and sons (defendant Nos. 5-7) and that defendant Nos.1-4 have purchased the suit land from the defendant Nos. 5-7 by different kabalas and are in possession of the land in suit.