MOJIBAR MATUBBAR Vs. ABDUL HAMID MATUBBAR

JUDGEMENT

(1.) This appeal by leave by the defendants is directed against the judgment and order dated 24.6.1999 passed by the High Court Division in Civil Revision No. 1482 of 1996 making the rule absolute and thereby reversing the judgment and decree dated 29.07.1987 passed by Subordinate Judge, Shariatpur in Title Appeal No.160 of 1986 allowing the appeal and there by setting aside the judgment and decree dated 17.07.1986 passed by the Munsif, Shariatpur in Title Suit No. 341 of 1982 decreeing the suit.

(2.) The respondent Nos.1-4 and their predecessor-in-interest as plaintiff filed Title Suit No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of title and confirmation of possession in the suit land. The case of the plaintiffs is that the suit land originally belonged to one Kurban Ali Matbar and in successive devolution, the suit land devolved upon Serajuddin Matbar by way of inheritance and he died leaving behind the plaintiff-respondent as his sole heir. The plaintiff-respondents possessed the suit land in assertion of their right in it. But as the suit land was wrongly recorded in the name of the defendant- petitioners and they tried to dispossess the plaintiffs, the plaintiff-respondents filed the suit.

(3.) The defendant-petitioners contested the suit alleging that the suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.1923 in execution of the said decree the land was auction-sold and the decree holder Karam Sheikh purchased the same and on 7.1.1924 got the sale certificate and in the last part of November 1924 the auction-purchaser Karam Sheikh got possession of the suit land and thereafter sold out some land purchased in the auction-sale to different persons at different times. The defendant-petitioners assert that they also purchased the suit land from Karam Sheikh and his heirs after his death and they are owners in possession of the suit land.