ALAUDDIN SARDER Vs. SURENDRA NATH FALIA

JUDGEMENT

(1.) This appeal arises from Civil Revision No.195 of 1982 decided by a Single Judge of the High Court Division, Dhaka (Ranadhir Sen, J;) on 14th February 1983.

(2.) Plaintiff-respondent filed Title Suit No. 45 of 1977 in the 1st Court of Munsif at Madaripur for a declaration that the auction sale-by the Circle Officer, (Revenue), Rajoir, Madaripur on 9th June 1967 in respect of 9, 14 decimals of land as described in the Kha Schedule land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are illegal, void and without jurisdiction.

(3.) Facts of the case according to plaintiffs are: The disputed land appertaining to R.S khatian No.517 of mouza Shiraj Kathi originally belonged to the predecessors of some of the plaintiffs, and pro-forma defendant Nos. 4-19. The rent roll was not correctly prepared. Defendant Nos. 1 and 2 in collusion with Tahsilder managed to file a Certificate Case No. 1145 R.A. of 1959-60 and by suppression of notices and sale proclamation managed to purchase the land in the name of the Government5. Some of the certificate debtors were already dead. After the emergence of Bangladesh plaintiffs filed objection before Circle Officer (Revenue), Madaripur. Miscellaneous Case No.XII-37 of 1973-74 was started and on 27th July, 1974 Tk.325.80 was deposited. The disputed auction sate was then set aside by the Circle Officer (Revenue), Madaripur. Defendant No. 1 managed to lake settlement of the disputed land on the strength of certificate sale in Miscellaneous Case No. XII-M-717 of 1969-70 and No. XII-M-718 of 1969-70. Further, defendant Nos. 1 and 2 never got possession of the land though, however, he managed id get the order of setting aside the sale cancelled in case No. XIII-37 of 1973-74. Defendant No.1 also instituted several criminal cases against the plaintiffs.