(1.) This petition for leave to appeal has been filed against the judgment dated March 14, 2005 of a Single Bench of the High Court Division in Civil Revision No. 2544 of 1993 discharging the Rule obtained against the judgment and decree dated August 22, 1993 of the Court of District Judge, Pabna in Appeal No. 255 of 1987 allowing the same and consequent thereupon dismissing the suit upon reversing the judgment and decree dated September 28, 1987 of the Court of Subordinate Judge, (now Joint District Judge) Pabna in Other Class Suit No. 79 of 1982 decreeing the same on contest against the defendant Nos. 1 and 2 and ex-parte against the rest. The suit was filed seeking declaration of title in respect of 5.43 acres of land out of 6.37 acres of land.
(2.) The suit was filed stating, inter alia, that the land in suit listed in C.S. Khatian No. 141 corresponding to S.A. Khatian No. 301 belonged to Sabjan Nessa, that landlord filed rent suit and the same having been decreed, the landlord started Rent Execution Case No.180 of 1943 and the land in suit along with the other land was put to auction and the same was purchased by the manager of the landlord Sree Jugal Kishore Mazumdar on April 20, 1943 and the sale was confirmed on August 6, 1943, that auction purchaser Jugal Kishore Mazumdar took possession of the auction purchased property on behalf of the landlord, that the landlord settled the 'Ka' schedule land by amalnama along with the other land measuring 17.45 acres of land to the plaintiff No. 28 on 24th Ashar, 1353 B.S., that 51 decimals of land of the suit jote was settled with Mullukjan Nessa, that S. A. record was prepared in the name of plaintiff No. 28 Abdul Majid Mia and Mullukjan Nessa, that defendant Nos. 1 and 2 upon making untrue statements filed Other Class Suit No. 171 of 1976 seeking declaration of title and the defendants of the said suit filed written statement and thereupon the plaintiffs of the said suit withdrew the suit on January 30, 1981, that at the time of R.S. survey defendant Nos.1 and 2 in collusion with the survey officials got attested Khatian prepared in their names and in the middle of the January 1982 the said defendants denied the title of the plaintiffs in the land in suit, hence the suit.
(3.) The suit was contested by the defendant Nos. 1 and 2 by filing written statement denying the material averments made in the plaint and stating, inter alia, that the suit is barred by limitation and is also bad for defect of party and that land measuring 6.88 acres belonged to Sabjan Nessa and the S. A. record was prepared in her name, that she died childless leaving her nephews, defendant Nos. 1 and 2 and Wazuddin Pramanik and Moezuddin Pramanik as her heirs, that the answering defendants got the share of Wazuddin Pramanik and Moyezuddin Pramanik by amicable partition and thus is in possession of the land in suit upon assertion of the right, title and interest and also claiming title adversely against others for more than 12 years, that S. A. record having been wrongly prepared in the name of Abdul Majid (plaintiff No. 28) and Mullukjan Nessa the answering defendants filed a suit for declaration of their title and during the pendency of the suit S. A. record having been prepared in their names, the answering defendants withdrew the suit, that the plaintiffs filed Case No. 4047 of 1979 before the Settlement Department against the R.S. record and upon hearing the parties the same was dismissed or rejected, that plaintiff No. 28 has created collusive documents in the name of different persons without any consideration with a view to harass the defendants, that purchasers from Abdul Majid have not acquired any right, title and interest in the land in suit and they have also no possession in the land in suit and that as the plaintiffs are not in possession of the land in suit, the suit is liable to be dismissed.