MD. ABDUL BARI Vs. MD. ABDUL AZIZ

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 23.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2825 of 2004 discharging the Rule.

(2.) The plaintiff instituted Title Suit No.01 of 1991 in the Court of Assistant Judge, Shaymnagar, Satkhira for declaration of title and confirmation of possession to 14.27 acres out of 21.40 acres appertaining to Plot No. 63 C.S. No.6 of Mouza Gopalpur under RS. Shaymnagar District Satkhira stating, inter alia, that the entire 21.40 acres of land of Plot No. 63, C.S. Khatian No.6 of Mouza Gopalpur PS. Shaymnagar belonged to Brojomohini Dasi in 10 annas 13 gandas 1 kara 1 karant share and Roy Debendra Nath and others to the extent of 5 annas 6 gonda 2 kara 2 karant share. Brojomohini Dasi settled her share measuring an area of 14.27 acres in favour of the plaintiff No.1, Kalu Gazi, the father of the plaintiff Nos.2 and 3, Jogendra Nath Mondal the father of the plaintiff No.6, Horendra Mondal, the father of the plaintiff Nos.7-9 and Dhani Gazi the father of the plaintiff Nos. 10 & 11 on 15th Baisakh 1346 B.S. The plaintiffs are in possession on the basis of the aforesaid settlement. One Amanat Gazi filed Title Suit No.59 of 1975 in the Court of Additional Joint District Judge, Khulna and got a compromise decree on 17.11.1975 without impleading the plaintiffs as defendant in the said suit. The S.A. record was wrongly prepared in the name of the defendant No.1 who threatened the plaintiff with dispossession. Hence is the suit.

(3.) The defendant Nos. 2(ka)-2(ja) and 12 and defendant Nos.8 and 9 contested the suit by filing separate written statements.