NARENDRA CHANDRA DAS Vs. SREE SREE GOPAL BIGRAHA

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 26.07.2004 passed by a Division Bench of the High Court Division In F. A. No. 54 of 1999 affirming those dated 28.10.1998 passed by the learned Sub-Ordinate Judge, 4th Court, Dhaka in Title Suit No.102 of 1992 Decreeing the suit.

(2.) Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 13.01.1977 as described in the "Kha" schedule is illegal, collusive, null and void impleading the appellants as principal defendants.

(3.) The case of the plaintiff-appellants, in short, are that the suit property measuring .71 acres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Keranigonj, District-Dhaka as morefully described in the schedule to the plaint was correctly recorded in the name of the Deity Sree Sree Gopal Jew Bigraha and Hari Priya Baisnabi was its shebait and accordingly the impugned C.S. Khatians were prepared and finally published in the name of Deity. Hari Priya Baisnabi alias Dukhi Baisnabi as the Shebait of the deity constructed homestead in the suit land to perform the religious rites of the Bigraha. On the death of Hari Priya Baisnabi the religious minded persons requested the predecessors of the respondents Khapa Chand Bairagi to perform the religious rites of the deity. Accordingly Khapa Chand Bairagi performed the religious rites of the Deity residing right in the suit property. The S.A. Khatian was prepared in the name of the defendant-appellant and finally published; that the local people were not aware about the wrong recording of S.A. Khatian. So they could not file any objection; that in 1970 the local people filed a Miscellaneous Case under Section 143A of the State Acquisition and Tenancy Act for correction of the S.A. Khatian in the Court of the Munsif, 3rd Court, Dhaka (now Assistant Judge) against Khepa Chand Bairagi which was subsequently dismissed for non-prosecution; that after the death of Khepa Chand Bairagi his two sons did not create any hindrance in the performance of the religious rites of the Deity; that the local people came to know that the sons of Khepa Chand Bairagi are trying to dispose of the suit property and as such on 03.05.1985 local religious minded people formed a committee to run the religious rites of the Deity; that in 1987 one Kebel Chandra Sarker, General Secretary of the Committee filed a petition before the Circle Officer (Revenue), Keraniganj for correcting the S.A. Khatian in the name of the Deity and on that petition Mutation Case No. 1002/87-88 dated 28.10.1987 was started and the S.A. record was corrected by mutating the suit property in the name of the Deity. But the defendant-appellants raised an objection for cancellation of the said mutation case before the Assistant Commissioner (Land), Keraniganj claiming their title in the suit property and that Mutation Case No.1052/84-85 was restored; that subsequently all the mutation cases were disposed of in favour of the defendant-appellants.