HAZI ABDUL MANNAN Vs. AMENA BEGUM

JUDGEMENT

(1.) This petition for leave to appeal is against the judgment dated March 8, 2004 of a Single Bench of the High Court Division in Civil Revision No.60 of 1995 making absolute the Rule upon reversing the judgment and decree dated September 5, 1984 of the 3rd Court of Subordinate Judge (now Joint District Judge) Khulna in Title Appeal No.186 of 1990 allowing the appeal and thereby setting aside the judgment and decree dated June 23, 1990 of the Court of Assistant Judge, Dacope, Khulna in Title Suit No.36 of 1998 decreeing the same. The suit was filed seeking a decree for permanent injunction.

(2.) It was the case of the plaintiff that the land measuring 31.51 acres originally belonged to Bhagirath Mondal and others and the record of right was prepared in their names, that Bhagirath Mondal transferred his share to Abdul Wadud and others and they transferred the land so purchased on July 20,1970 to Abdus Salam on December 10,1970 and possession was delivered to Abdus Salam and he mutated his name, that Abdus Salam by the kabala dated February 19, 1986 transferred the land acquired from Abdul Wadud and others to the plaintiff and she mutated her name, that the defendants on 15th Sraban,1395 B.S. threatened the plaintiff to dispossess her from the land in suit. Hence the suit.

(3.) The suit was contested by the defendant No.3 and defendant Nos.4-6 by filing separate sets of written statement denying the material averments made in the plaint and stating, inter alia, that the land in suit belonged to Sonatan Mondal, Tusta Roy Mondal, Kripa Nath Roy Mondal, Suraj Mohani Bewa and Satya Mohani Moyee Bewa and the C.S. record was prepared in their names each having share to the extent of 3 annas 4 gondas, that by successive devolutions Satya Mohani Moyee Bewa's interest devolved upon Rajmoni and she transferred her share to Golap Dasi and Ananta Kumar who purchased the same in the benami of Dulal Gain who executed and registered a Muktipatra on July 29, 1944 in favour of Golap Dasi and Ananta Kumar in respect of 4.36 acres of land, that Golap Dasi executed a Power of Attorney in favour of defendant No.3 in 1987 and the said defendant was possessing the land on behalf of Golap Dasi, that defendant No.3 transferred 2.33 acres of land on February 17,1988 to the defendant Nos.4-6 and the said defendants are in possession of the land they got by purchase.