SAIMUDDIN (MD) Vs. AMJAD ALI

JUDGEMENT

(1.) Defendant petitioner Md Saimuddin seeks leave to appeal against the judgment and order dated 27-7-2004 passed by a Single Bench of the High Court Division in Civil Revision No. 5411 of 2003 discharging the rule.

(2.) The respondent Nos.1 to 216 as plaintiffs instituted Other Class Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanent lease in 1327 BS at annual rent of Taka 66/4/0 by ex-landlords Sree Provash Chandra Basak and others in favour of Nayebuddin Sarker and others and that Nayebuddin Sarker and others executed kabuliyat to the effect on 1-12-1920 and that Majaruddin, one of the lessees, sold share in the suit property by registered deed of sale dated 15-11-1943 to the defendant Nos. 38-40 and that Jafuruddin sold share on 30-10-1959 to one Kasaruddin Mondal and some other lessees also transferred lands from their share to various purchasers and the plaintiffs purchased the suit properties and are in possession of the same.

(3.) It was further averred that the rent rolls were prepared in the names of the plaintiffs but subsequently, it was wrongly prepared in the names of the heirs of the ex-landlords, the defendant Nos.3-10, but the plaintiffs paid rents and the records of right so prepared are wrong and without any foundation.