SYED ALI MONDAL Vs. DULAL CHANDRA BISWAS

JUDGEMENT

(1.) This petition for leave to appeal arises out of the judgment and order dated 18th April, 2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2584 of 1994 discharging the Rule which was obtained against the judgment and decree dated 30.04.94 passed by the learned Subordinate Judge (now Joint District Judge), Jhenidah in Title Appeal No. 186 of 1990 affirming those of dated 24.06.90 passed by the learned Assistant Judge, Jhenidah in Title Suit No. 412 of 1987 dismissing the suit.

(2.) The petitioners instituted above Title Suit No. 412 of 1987 seeking declaration of title and confirmation of possession in the suit land stating, inter alia, that Thomas Twudi possessed the suit land through bargadars and Rakhal Chandra Ghosh and others were the holders of rent receiving interests, Thomas Twudi settled the suit land to Nagendra Bala who while in possession, on 25th Falgoon, 1358 B.S. settled the suit land to Sonaullah, father of the petitioners and then Sonaullah in Agrahayan 1362 B.S, executed and registered a kabuliat in favour of Nagendra Bala; after the death of Sonaullah the petitioners inherited the property left by Sonaullah; the defendant No.1 on 15th Kartic 1394 B.S, on the basis of the record of right prepared in his name, denied the title of the petitioners in the suit land and threatened to dispossess them therefrom and hence the suit.

(3.) That defendant Nos. 8 to 9 contested the suit by filing written statement contending, inter alia, that Thomas Twudi cultivated neel in the suit land and when neel cultivation was stopped he went back to England and then Rakhal Chandra Ghosh and others, the landlords, took back the khas possession of the suit land; Rakal Chandra Ghosh died leaving behind son Satish Chandra and wife Shaila Bala; Ratikanta, another co-sharer landlord, also died leaving behind four sons namely, Mohadeb, Anil, Azit and Raj Krishna; Jagabandhu, another co-sharer landlord, also transferred his 1/3 share to Rani Bibi by an exchange; Anil, Azit and Raj Krishna by three registered deeds dated 24.06.69 23V.02.70 and 07.08.72 transferred their lands in favour of Azazuddin, Nurul Islam and Daliluddin; there is a tank within suit plot No. 713 and non-suit plot No. 712 and the major portion of suit plot No. 713 is the bank of the tank; a hat has been established on Plot Nos. 703, 704, 714, 715, 718 and 722; Rani Bibi by deed dated 20.01.1979 gifted her share of land to Md. Ismail Mondal who by deed dated 11.04.1987 gifted the same to Daliluddin Primary School; the plaintiffs who are landless persons have been residing in a portion of the suit land by permission of the former Chairman of the local Union Council and Sahidul Islam and Bazlur Rahman have also been possessing a portion of the suit land by taking lease from the Chairman of the local Union Council. The trial court after hearing dismissed the suit. The petitioners then filed appeal and the learned Subordinate Judge (now Joint District Judge), Jhenidah, after hearing, dismissed the appeal. The petitioner then moved the High Court Division and obtained Rule in Civil Revision No. 2584 of 1994 and after hearing the High Court Division discharged the Rule.