AMAL KRISHNA CHAKRABARTY Vs. SEKENDAR MALLIK

JUDGEMENT

(1.) This petition for leave to appeal is against the judgment dated April 13, 2004 of a Single Bench of the High Court Division in Second Appeal No. 76 of 1979 (heard along with Civil Rule No. 1336 (S) of 1982) allowing the appeal upon setting aside the judgment and decree dated February 28, 1978 of the 1st Court of Subordinate Judge (now Joint District Judge), Faridpur in Title Appeal No. 185 of 1976 allowing the appeal in part upon reversing the judgment and decree dated August 27, 1976 of the Additional Court of Munsif (now Assistant Judge) (in charge of 1st Court of Munsif), Goalanda, Faridpur in Title Suit No.120 of 1971 decreeing the same in full and thereby declared the title of the plaintiffs in the land in suit and also allowed the relief seeking confirmation of possession.

(2.) The trial Court further restrained the defendants permanently from entering into the land in suit. It may be mentioned the appellate Court decreed the suit in part and thereupon modified the judgment and decree of the trial Court declaring title of the plaintiff in respect of 27 decimals of land of R.S. plot No. 205 and also confirmation of possession as regard thereto.

(3.) The suit was filed stating, inter alia, that the land described in the 'Ka' schedule belonged to Abdul Barik Mollah, that defendant Nos. 8 and 9 purchased 1.15 acres of land of R.S. plot Nos. 163, 175, 204 and 205 and they sold the said land to the plaintiffs by the kabala dated October 25, 1956 i.e. the land described in the 'Kha' schedule and the plaintiffs upon such purchase are in possession of the said land, that the defendant Nos. 1-3 in collusion with defendant Nos. 4-7 in Magh, 1376 B.S. threatened the plaintiffs to disposses from the land in suit. Hence the suit.