AFROZ RASHID CHOWDHURY Vs. FAZLUL KARIM TARAFDER

JUDGEMENT

(1.) This appeal is at the instance of defendant No.2.

(2.) The plaintiff claimed the suit land by virtue of purchase by a registered kabala dated 30th Falgoon 1353 B.S. corresponding to 14th March, 1947 A.D. At the time of purchase Vender's guard, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took deliver) of possession through court on 27th May, 1951 in execution of a decree for eviction, passed in that suit.

(3.) Thereafter the plaintiff possessed the suit land through adhi-bargadar, defendant No. 10. The plaintiff a practising Mukhtear, at Habigang went home in Magh 1360 B.Sk. and came to know that defendant No. 10 had left the suit village in the last part of Poush, 1360 B.S. for another village. Then he decided to let out the suit land in adhibarga to Marfatullah. Marfatullah informed the plaintiff towards the end of Falgoon 1360 B,S, that defendants Nos.1-4 and the father of defendants Nos.5-7 got the suit land ploughed by defendants Nos.8 and 9 and they did not allow him to possess the suit land. The plaintiff filed the suit on 3rd Baisakh 1372 B.S. corresponding to 16th April, 1965.