ABDUL KHALEQUE PRAMANIK Vs. RAJAB ALI PRAMANIK

JUDGEMENT

(1.) Mossammat Mobitan Bewa and her son Md. Mojibar Rahman Pramanik being substituted in place of their predecessor defendant Abdul Khaleque along with heirs of deceased defendant Abu Sayed Pramanik and three other defendants have preferred this petition for leave to appeal against the judgment and order dated 28.11.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2341 of 1996 making the rule absolute.

(2.) The facts, in short, are that the plaintiff respondent Nos.1 to 4 instituted Other Suit No. 19 of 1986 which was renumbered as Other Suit No.134 of 1990 for declaration of their title in the suit land stating, inter-alia, that the suit land originally belonged to landlord Amatullah Gasu and others and one Ali Mamud was a Korfa Tenant under them and accordingly C.S Khatian No.441 of Mouza Rahabol was published and that Ali Mamud died leaving one son named Hurmat Ali and a widow named Khushiban Bibi, the plaintiff No.5; thereafter Hurmat Ali died leaving three sons plaintiff Nos.1 to 3 and a daughter plaintiff No.4 and they have been possessing the suit and peacefully for more than 12 years by cultivating and growing crops; that under the State Acquisition and Tenancy Act the plaintiffs acquired rioty right in the suit land under the Government and that the defendant disclosed that M.R.R. Khatian for the suit land has been prepared in their names though they have no right, title and possession in the suit land and that the defendants asked the plaintiff to give up possession of the suit land in their favour and that the plaintiffs thereafter searched the Revenue Office and then came to know that M.R.R. Khatian has been prepared in the names of the defendants and as such to remove cloud in their title the plaintiffs instituted the suit.

(3.) The defendant Nos.1 to 5 filed written statement denying material allegations made in the plaint and stated that the suit land originally belonged to Khedmot Ullah predecessor of the defendants who died leaving wife Masiran and two sons Ajmatullah and Tajmatullah and that Masiran died leaving her aforesaid two sons and that the predecessor of the plaintiffs Ali Mamud was a Korfa tenant under Ajmatullah and others and that Ali Mamud failed to pay rent and so surrendered his Korfa tenancy right in favour of the landlord Ajmatullah and others and Ajmatullah died leaving three sons i.e. defendant Nos.1 to 3 and a grand daughter Laily through her deceased daughter Anisar and that Ajmatullah transferred his share to Ataul Hoque and others and the predecessors of the defendants paid rent to the landlord and thereafter to the Government and M.R.R. Khatian No.475 has been correctly prepared in the names of Ajmatullah, Tajmatullah, Masiran Bewa and Abdul Gafur and that the defendant No. 2 set up a pump for irrigation in the suit land and in the month of Agrahayan,1395 B.S. the plaintiffs took away the water pump for which the defendants filed a case against them.