GOVERNMENT OF BANG­LADESH Vs. ABANI KANTA CHAKRABORTY

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order passed by the High Court Division in Civil Revision No 1226 of 1982.

(2.) Government of Bangladesh is the appellant. Respondent Abani Kanta Chakraborty instituted the suit for declaration of his tenancy right in respect of the suit land contending that over one acre of C.S. Plot No. 3271 was possessed by him for the last 40 years. The suit land is contiguous to his homestead. He grew jute to the knows ledge of the original landlord. Since 1940 he acquired tenancy right to the submit land but the suit land has been recorded as khas land of the Government. In 1964 he wanted to pay rent to the Hogla Tahsil Kutchery and there for the first time he came to know that in the rent-roll the suit land has been wrongly shown as khas land of the Government, thereby casting a cloud on his tenancy right.

(3.) Defendant-appellants contested the suit. Their case was that the suit land is s part of C.S. Plot No, 3271 of mouza Hogla which consists of 21.61 acre of land out of which the plaintiff claimed only one acre. The ren-treceiving interest of the Zaminders were acquired under Chapter II and the entire C.S. Plot was acquired by the Government as the same was under the khas possession of the ex landlord. The plaintiff has no possession and the suit is liable to be dismissed the case of defendants No. 2-3 was that they took; pattan of 3 acres of land out of the suit Dag No. 327I and they are in possession on payment of Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since he was not in possession his prayer was not granted by the Government.