HARIPADA GOLDAR Vs. MD. SAHABUDDIN SHEIKH

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 01.08.2005 passed by the High Court Division in Civil Revision No.1283 of 2000 discharging the Rule affirming the appellate court's judgment and decree dated 29.11.1999 passed by the learned Additional District Judge, First Court, Khulna in Title Appeal No.166 of 1989 dismissing the appeal affirming the judgment and decree dated 06.06.1989 passed by the learned Subordinate Judge, Second Court, Khulna in Title Suit No.67 of 1982 dismissing the suit.

(2.) The facts, in short, are that the plaintiff petitioner filed Title suit No. 67 of 1982 in the Court of the learned Subordinate Judge, 2nd Court, Khulna praying for a decree declaring that father of the defendant Nos.1 and 2 was the benamder of the plaintiff petitioner in respect of the suit land with further declaration of his right, title and interest in the suit land alleging as follows.

(3.) The suit land originally belonged to on Patit Paban Shaha of Binodpur in the district of Jessore. The plaintiff petitioner took oral settlement of the suit land from Patit Paban Shaha in the first week of Baishak 1342 B.S. and got delivery of possession of the same on payment of Tk. 1200/- as salami fixing Tk.800/- as annual rent. Since the plaintiff petitioner used to live with his father and other brothers in joint mess he acquired the suit land in the banami of his brother-in-law. Mon Monohar Golder, father of the defendant Nos.1 and 2 in the suit in order to avoid any future claim of other members of the joint family. The suit land was acquired by the plaintiff petitioner out of his own separate fund and since then the plaintiff petitioner of along possessed the same on payment of rent to the landlord but he got the suit land recorded in the name of his banamder. Monmotha Nath Golder in S.A. khatian. After the death of the benamder. Monmotha Nath Golder, the defendant Nos.1 and 2 denied the benami character of the suit land in collusion with the father and other brothers of the plaintiff petitioner and thus denied the title of the plaintiff petitioner in the suit land in the last week of Poush 1388 B.S. which compelled the petitioner to file the present suit.