FAZOR ALI Vs. MD. MARFAT ALI

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 12.04.2006 passed by a Single Bench of the High Court Division in Civil Revision No. 4389 of 2002 discharging the Rule.

(2.) The respondent No.1 as plaintiff filed Other Class Suit No. 180 of 1996 in the court of the learned Senior Assistant Judge, Sadar, Mymensingh for correction of two registered deed dated 5.6.1986 or in the alternative for declaration of title in the suit land alleging, inter alia, that the suit land originally belonged to Sree Jogesh Chandra and Sree Sachindra Mohan and they sold 1.35 acres of land along with other land to Makbul Hossain, Habi Sheikh and Amiruddin by registered deeds dated 04.07.1950 and 24.07.1950 and delivered possession thereof. Mokbul Hossain, Habi Shaikh and Amir Uddin used to possess the suit land separately. Mokbul Hossain got .45 acre of land in his share and he died while in possession leaving 6(six) sons, defendant Nos. 1-5 and predecessor of defendant Nos. 6 and 7. The sons of Mokbul Hossain inherited the share of Mokbul Hossain on 05.06.1986. 6(six) sons of Mokbul Hossain sold the land described in the schedule Nos.1 and 2 to the plaint to the plantiff and delivered possession thereof to him. Defendant Nos. 1-5 and predecessor of defendant Nos. 6 and 7 also sold the land described in the schedule No. 3 to the plaint to the Most. Rabeya Khatun by a registered deed dated 27.06.1989. Rabeya Khatun again transferred the land described in the schedule No.3 to the plaintiff by registered deed dated 01.07.1989 and delivered possession thereof. Plaintiff after purchasing the land of schedule Nos.1-3 described in the plaint mutated his name and regularly paid rent to the Government. The defendants disclosed that there was mistake in the registered deeds of the plaintiff and plaintiff has no title in the suit land. Therefore, in the month of January, 1996 the plaintiff went to the local Tahsil Office and came to know that the khatian number of the deed Nos. 7447 and 7457 dated 05.07.1986 was written wrongly as 1482 instead of 1488 though the plot number and area of the land remained the same. On 21.01.1996, the plaintiff requested the defendants to correct the deeds, but they refused on 24.01.1996.

(3.) Defendant Nos. 1-5 contested the suit by filing joint written statement denying all the material allegations made in the plaint. Their common case, in short, is that the plaintiff has no cause of action, the suit is barred by the principles of estoppel, waiver and acquiescence and that the suit is also barred by limitation. The further case of the defendants is that the suit land originally belonged to Sree Jogesh Chandra Das and Sree Sachindra Chandra. During their possession they sold 1.72 acres of land to Yusuf Sheikh by registered deed No. 175 dated 05.01.1949. Yusuf Sheikh died leaving 4(four) sons, Mokbul Hossain, Habi Sheikh, Amiruddin and Taheruddin. By amicable settlement, Mokbul Hossain got .95 acre of land by inheritance from his father. Jogesh Chandra Das and Sachindra Chandra Das sold .95 and 40 acre of land by two registered deed Nos. 2928 and 3003 dated 04.07.1950 and 24.07.1950 respectively to Mokbul Hossain and his two brothers. Mokbul Hossain died leaving 6(six) sons, defendant Nos. 1-5 and the predecessor of defendant Nos. 6 and 7 and they inherited the property of Mokbul Hossain. Total .95 acre of land has been recorded in the name of Mokbul Hossain in new plot No. 5333 under the D.P. Khatian No. In the alleged deeds the Khatian No. 1482, old Plot No. 2754, new Plot No. 5333 were rightly written and there was no mistake in the deed. There was no mistake in the deed dated 27.06.1989 executed by Rabeya Khatoon also. The plaintiff took possession in Plot No. 5333 and he sold some land from Plot No. 5333 to other persons. The plaintiffs suit is false for the reasons stated above and the same is liable to be dismissed with costs.