MD. MIKSAR ALI DEWAN Vs. DARES ALI MONDAL

JUDGEMENT

(1.) This petition for leave lo appeal is directed against the judgment dated June 19, 2004 of a single Bench of the High Court Division in Civil Revision No, 3395 of 2002 discharging the Rule obtained against the judgment and decree dated June 14, 2002 of the Court of District Judge, Rajshahi in Title Appeal No.219 of 2000 allowing the appeal and thereby decreeing the suit upon setting aside the judgment and decree dated May 29, 2000 of the 2nd Court of Subordinate Judge (now Joint District Judge) Rajshahi in Other Class Suit No.104 of 1994 dismissing the same.

(2.) The suit was filed seeking declaration of title in respect of the property mentioned in the schedule attached to the plaint.

(3.) The case of the plaintiff, in short, is that the property described in the schedule attached to the plaint was owned by Babu Kumar Ghose and another and the same was the property of Ghosh Babu Estate, that plaintiffs father took settlement of the land in suit from the said land owners by an Amalnama of the year 1349 B.S, in the name of the plaintiff who at relevant time was minor, that the land so taken settlement was 19.56 acres, that since the date of settlement plaintiff through his father owned and possessed the land so taken settlement and S.A. record was prepared in his name, that during R.S. Survey draft Khatian No.60 was prepared in his name, but the same was finally published in the name of Ex-landlords and in the remark column the property was shown as vested property, that on obtaining final R.S. khatian the plaintiff came to know on October 31, 1991 about the preparation of wrong record of right and thereupon he filed Other Class Suit No.61 of 1992 but withdrew on June 15, 1993 the same since there was formal defect and thereafter filed the instant suit.