BASHANT PROTIMA NANDI Vs. BANGLADESH

JUDGEMENT

(1.) This appeal, by leave, has arisen out of the Judgment and order dated the 31st day of August, 2006 passed by a learned Judge of the Single Bench of the High Court Division in Civil Revision No.163 of 2004 making the Rule absolute Facts necessary for disposal of this appeal are that the present appellant as plaintiff filed Other Suit No.108 of 2001 in the Court of Assistant Judge, Sitakunda, Chittagong for declaration of title to the suit land and for further declaration that P.S and B.S Khatian in respect of the suit land was wrongly prepared and also for a direction for recording her name in the P.S and B.S Khatians.

(2.) The case of the plaintiff, in short, was that the suit land originally belonged to Gagan Chandra Shil who sold the same to Nagendra Kumar by registered Kabala No.231 dated 21.01.1912. R.S Khatian No.2 was prepared in the name of Nagendra Kumar. Nagendra Kumar died leaving behind the plaintiff as the only heir and she has been possessing the suit land by cultivating paddy, planting trees and producing other crops and by paying rents. On 13-9-2001, when the plaintiffs son went to the Tahshil office for paying rent, Tahshilder refused to accept the rent on the plea that P.S and B.S Khatians were not prepared in her name. Thereafter, the plaintiff on obtaining the certified copies of the Khatians was confirmed that those were prepared in the name of the Government in the Khas Khatian in P.S and R.S Khatian No.1 in dag Nos.219 and 311 respectively.

(3.) The suit was contested by the defendants by filing a joint written statement contending. inter alia, that the suit land was recorded in the name of Nagendra Kumar in R.S Khatian No.2 and R.S. dag No.219. The suit land was sold in auction for arrear of rents and the government purchased the same and accordingly, the suit land was recorded in the P.S. and the B.S. Khatian in Khas Khatian No.1 in the name of the government. In Case No.2 of 2002, proposal was made for settling the suit land to Samabay Samity Limited for long term.