SYED KAWSAR ALI Vs. GAHAR KAZI

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court Division passed in Second Appeal No.161 of 1977.

(2.) The appellant as plaintiff instituted Title Suit No.134 of 1974 in the Court of Munsif, Sadar, Faridpur, for declaration title and permanent injunction restraining defendants Nos.1 and 2, respondents, from entering into the suit land comprising plot No. 1071 and 1072.

(3.) The suit land originally belonged to one Makhan Bala Bashu who sold the same to defendant No.1, Gahar Kazi by a registered sale deed dated 5.5.69. Thereafter defendant No. 3 purchased it from defendant No.1 by a registered kabala dated 17.1.70 and he in turn sold it to plaintiff on 13.8.73. It seems that defendant No.2 purchased the same property from defendant No.1 by a registered kabala Ext. A dated 15.1.70. which not only comprise the suit plots Nos.1071 and 1072 but also included plot No. 580 an area of .02 decimals of mouza Kanakpur under P. S. Kashiani The plaintiff contended that the defendant 2 by his fraudulent and fictitious document was threatening the forcible possession. Hence this suit.