MD. EKABBAR HAJRA Vs. SALAMAT HAJRA

JUDGEMENT

(1.) Md. Ekabbar Hajra and nine other defendant petitioners seek leave to appeal against the judgment and order dated 09.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1887 of 1996 making the rule absolute.

(2.) One Salamat Hajra, predecessor of the respondent Nos.1 to 13 instituted Title Suit No.107 of 1988 renumbered as Title Suit No.32 of 1991 for declaration that the deed of sale dated 14.07.1937 by Abdul Karim Hajra predecessor-in-interest of the plaintiffs and proforma-defendants purported to have been executed in favour of the defendant No.1 Abdul Khaleque and Abdul Haque, predecessor-in-interest of the defendant Nos.2 to 12 has not been acted upon, ineffective and that the vendees are the banamders for the vendor Abdul Karim Hajra and that no right, title and interest accrued to the vendees on the strength of the aforesaid deed of sale.

(3.) It was averred in the plaint that the lands described in schedule to the plaint belonged to Abdul Karim Hajra, predeces-sor-in-interest of the plaintiffs and his brother Abdul Rahim Hajra and that by amicable partition Abdul Karim Hajra got 1.63 acres of land mentioned in the schedule Kha of the plaint and that being indebted to Jogeshwar Prodhan he created a kabala in the name of Abdul Khaleque (defendant No.1), Abdul Haque, predecessor of the defendant Nos. 2 to 12 without taking any consideration money and that Abdul Karim Hajra died leaving behind the plaintiff and proforma-defendant Nos.13 and 14 and that S.A. Khatian Nos.165, 95 and 36 in respect of the suit land with other lands were correctly prepared in the name of the plaintiffs and the plaintiffs paid rent to the Government regularly and that the defendant No. 1 and the defendant Nos.2 to 12 or their father Abdul Haque never possessed the suit land and the S.A. Khatian was also not prepared in their names and that the plaintiffs coming to know of the aforesaid deed of sale dated 14.07.1937 instituted the suit.