GOVERNMENT OF BANGLADESH Vs. ERSHAD ALI MORAL

JUDGEMENT

(1.) This appeal, by leave, is against the judgment and order dated March 27, 1997 of a Single Bench of the High Court Division in Civil Revision No.7646 of 1991 making the Rule absolute upon setting aside the judgment and decree dated February 19, 1991 of the Court of District Judge, Jessore, in Title Appeal No. 92 of 1987 allowing the appeal and thereupon dismissing the suit. The appeal was filed against the judgment and decree dated September 2, 1985 of the Court of Munsif (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule.

(2.) The plaintiff-Respondent Nos.1-10 filed the suit stating, inter alia, that the land in suit measuring 4.08 acres of C.S. Khatian No.876 corresponding to S.A. Khatian No.1 of Mouza Machna belonged-to Dhirendra Nath Roy, Zarmindar of Narail Zamindari Estate, that the Zamindar orally settled the land to the plaintiffs on 20th Poush, 1354 B.S. and since then plaintiffs are in possession of the land in suit. It was also the case of the plaintiffs that the defendant Nos.2 and 3 claimed title in the land in suit in the month of Bhadra, 1383 B.S. disclosing that they have taken settlement from the Government and then on enquiry plaintiffs came to know from the local thasil office that the land in suit has been incorrectly recorded in S.A. Khatian in the name of the Government and the said wrong recording having had clouted plaintiffs' title they were constrained to file the suit seeking declaration of title and confirmation of possession.

(3.) The suit was contested by the defendant No.1, Government of the People's Republic of Bangladesh by filing written statement denying the material averments made in the plaint and stating, inter alia, that the land in suit was non-retainable khas land of the Zamindar and that the land in suit with other non-retainable lands of the Zamindar vested with the Government as per provision of section 20(2) of the State Acquisition and Tenancy Act, 1950 and that during S. A. survey operation the land was correctly recorded in the khas khatian No.1 in the name of the Government and that the Government has given permanent lease to different persons on different dates and the lessees are in possession of the land in suit. It was also the case of the contesting defendant that the plaintiffs by creating forged and ante-dated documents want to grab the land in suit.