PULIN BEHARI BAIRAGEE Vs. ANANDA CHANDRA DAKUA

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 08.05.2008 passed by the High Court Division in Civil Revision No.3149 of 1998 reversing the judgment and decree dated 28.05.1998 passed by the learned Subordinate Judge, Bagerhat in Title Appeal No.264 of 1995 reversing the judgment and decree dated 30.09.1995 passed by the learned Senior Assistant Judge of Mongla Thana in Title Suit No.80 of 1994.

(2.) The facts, in short, are that the respondent No.1 instituted Title Suit No.80 of 1994 on 29.11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners.

(3.) The disputed land and other khas lands measuring 38.12 acres and the under raiyates of C.S. Khatian No. 224, 226, 227, 228 and 229 measuring 55.52 acres and altogether 93.64 acres were recorded in the name of Ram Dhan Bairagee, Lakhmikanto Bairagee, Pachu Ram Bairagee, Rajoni Bairagee each one anna, six gandos, two karas and two krantis, Dharmo Mondal two annas, thirteen gandas one kara, one kranti, Darikanath Mondal one anna, six gandos, two karas and two krantis, Pancho Ram Mondal one anna, six gandos, two karas and two krantis and Darikanath Dakua five annas, six gandos, two karas and two krantis.