LAWS(BANG)-2007-4-1

MD. ALAUDDIN Vs. ABDUL HAKIM

Decided On April 16, 2007
MD. ALAUDDIN Appellant
V/S
ABDUL HAKIM Respondents

JUDGEMENT

(1.) This petition for leave to appeal has been filed against the judgment dated June 24, 2003 of a Single Bench of the High Court Division in Civil Revision No. 1623 of 2001. The High Court Division by the aforesaid judgment made absolute the Rule obtained against the judgment and decree dated January 30, 2001 of the 2nd Court of Subordinate Judge (now Joint District Judge) Gazipur in Title Appeal No.56 of 2000 reversing the judgment and decree dated March 30, 2000 of the 1st Court of Senior Assistant Judge, Gazipur in Title Suit No. 127 of 1999 decreeing the same. The appellate Court upon reversing the judgment of the trial Court dismissed the suit.

(2.) The suit was filed seeking a decree for permanent injunction in respect of the land of Plot Nos. 3/3315, 3/3317 and 3/3319 comprising 7.25 acres of land of khatian No. B/286.The decree for permanent injunction was prayed for restraining the defendants from disturbing possession of the plaintiff in the land described in the schedule attached to the plaint.

(3.) Facts averring which the suit was filed, in short, that plaintiff No.1 took settlement of 7.25 acres of land from Court of Wards of Bhawal Jamindar estate and that in respect of the land so taken settlement Khatian No. B/286 was opened in the name of the plaintiff No. 1, that plaintiff No. 1 upon constructing a dwelling house on the southern plot of the suit land was living there with the members of his family for long time, that rest of the land is being possessed by the plaintiff No. 1 by cultivating and planting fruit bearing trees, that plaintiff No.1. Abdul Hakim being an illiterate man was unaware of necessity of getting the land recorded in his name in S.A. khatian and R.S. khatian and as such S.A. and R.S. khatian in his name were not prepared in respect of the land in suit, that taking advantage of wrong record of right defendants tried to dispossess the plaintiffs and thereupon plaintiffs filed case in the Court of Magistrate under Section 144 of the Code of Criminal Procedure, that defendants held threat to the plaintiffs to dispossess them from the land in suit on May 11, 1999 and that plaintiffs resisted said attempt with the assistance of the local people. Hence the suit seeking decree for permanent injunction for restraining the defendants from disturbing possession of the plaintiffs in respect of the land in suit.