MST. JAHERA KHATUN Vs. ABU BAKAR

JUDGEMENT

(1.) This appeal on leave by the plaintiffs is directed against the judgment and decree dated 20 March 1988 passed by a Single bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963.

(2.) The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to khatian No.306 of mouza Dakshin Chandpur, P.S. Damurhuda.

(3.) The suit plot originally belonged to Lalit Mohan who at his death was survived by his 3 sons - Santosh Kumar, Nripendra Kumar and Birendra Kumar. The plaintiffs claimed that one Banamali Biswas had purchased and got into possession of the suit land from the "said heirs by registered kabala dated 13 June1939 (Ext.1 b). Banamali Biswas sold the land to Jagabandhu Saha by a registered kabala dated 23 April 1947 (Ext. 1a). Jagabandhu exchanged the land with that of the plaintiffs by a registered deed dated 2 July 1955 (Ext. 1), which was termed as a kabala. The plaintiffs had been in possession of the land since the exchange. The defendant had surreptiously raised a tin-shed thereon on 20 July 1962 and thus dispossessed the plaintiffs giving cause of action for the sun.