RANJIT KUMAR BAL Vs. GOPAL CHANDRA BAL

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 22.3.2007 of the High Court Division passed in Civil Revision No. 5361 of 1998 discharging the Rule obtained against the judgment and decree dated 30.9.98 of the learned Additional District Judge Jhalakati passed in Title Appeal No.10 of 93 dismissing the appeal filed against those of dated 31.10.92 of the learned Subordinate Judge (now Joint District Judge), Jhalakati passed in Title Suit No.49 of 1990 declaring that the plaintiffs have no right title and interest in the suit land.

(2.) Facts, in brief, are that the petitioners, as plaintiffs, filed the above suit for declaration of their title on 3.781 acres of land described in schedule Ka of the plaint and also for declaration that the compromise decree dated 17.6.77 passed in Title Suit No.68 of 1997 in respect of the above Ka schedule property, being obtained fraudulently, is not binding upon them on the averments that the Ram Ratan Bal, the defendant No. 2, was the original owner of the suit land and he on 9.10.71 sold the same to them at a consideration of Tk.3000/- and since then they had been in possession of the same by mutating their names and that the defendant No.1 is the son of Shamvu Nath Bal, a co-sharer of the suit land and due to insolvency they were not in a position to purchase the suit land or to file an application and during liberation war the defendant No.1 left for India and he then succeeded in obtaining the above compromise decree on 17.6.77 by showing that he obtained the suit land in the year 1354 B.S. by pattan but at that time the defendant No.1 was not born and in fact the alleged decree was obtained collusively by suppressing summons.

(3.) The defendant No.1 contested the suit and filed written statement denying all the material allegations and contending that the suit land originally belonged to Ram Ratan Bal and Sarada Charan Bal and he took pattan of the said land in 1354 B.S. at a rent of Tk.35/- and since then he is in possession in the suit land and he filed Title Suit No.68 of 1977 for declaration of his title in the suit land which was decreed on compromise on 17.6.1977.