TAHER ALI Vs. ALI MOHAMMAD

JUDGEMENT

(1.) This petition for leave to appeal is against the judgment dated April 12, 2005 of a Single Bench of the High Court Division in Civil Revision No.2398 of 2003 discharging the Rule obtained against the judgment and decree dated March 27, 2003 of the 1st Court of Additional District Judge, Narayanganj in Title Appeal No. 38 of 2000 dismissing the same and thereby affirming the judgment and decree dated February 10, 2000 of the 1st Court of Subordinate Judge (now Joint District Judge), Narayanganj in Title Suit No.40 of 1981 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit.

(2.) The suit was filed stating, inter alia, that the plaintiff has purchased the land in suit from Reazuddin Mia, Harmuj Mia and Taju Mia by the kabala dated July 25, 1978 and got possession of the land in suit, that the R.S. khatian was wrongly prepared in the name of Kudrut Ali and Shafizuddin (Mafizuddin) instead of Reazuddin Mia, Harmuj Mia and Tazu Mia and that finally the said R.S. khatian was corrected in the background of the judgment passed in a case instituted as per provision of Section 143A of the State Acquisition and Tenancy Act on January 9, 1974, that defendants having failed to purchase the land from Reazuddin Mia, Harrnuj Mia, and Taju Mia was out to disturb possession of the plaintiff and that on one occasion took away the paddy grown by the plaintiff. In that state of the matter plaintiff to avoid future complications is constrained to file the suit seeking declaration of title.

(3.) The suit was contested by defendant No. 2 denying the material averments made in the plaint and stating, inter alia, that superior landlord upon auction purchase of the interest of the tenants by name Bakar South and Miah South settled the land to Alimuddin who died leaving daughter Joytun Bibi and she sold the land in suit to certain Mofizuddin and his brother Aftaruddin by the kabala dated August 27, 1945 and in their names S.A. khatian was prepared, that Aftaruddin sold 31 decimals of land out of the total quantity of 62 decimals of land to one Kudrut Ali on July 6, 1946 and said Kudrut Ali sold his purchased land to defendant No. 1 on February 5, 1964 and Mofizuddin sold his share to defendant Nos. 2 and 3 on November 20, 1965, that plaintiff by his alleged purchase from Reazuddin Mia, Harmuj Mia and Tazu Mia did not acquire any title and interest in the land in suit and that the plaintiff has also no possession in the land in suit and as such the suit is liable to be dismissed.