SANATAN ROY AND ORS. Vs. JOYAD ALI DHABAK AND ORS.
LAWS(CAL)-1983-12-30
HIGH COURT OF CALCUTTA
Decided on December 25,1983

SANATAN ROY AND ORS. Appellant
VERSUS
JOYAD ALI DHABAK AND ORS. Respondents

JUDGEMENT

Amitabha Dutta, J. - (1.) This application by the defendants Nos. 1, 2, 5 ('ka')5 (kha'), 7 and 8 is from the decree of reversal passed by the learned Additional Subordinate Judge, Nadia in a suit for declaration of Title recovery of possession of 'Ka' schedule land and permanent injunction, in the alternative recovery of possession in respect of 'kha' schedule land.
(2.) Samsuddin Biswas and his co-sharers held a raiyati jama of 13.63 acres lands at an annual rent of Rs. 14/- 13 annas recorded in C. S. Khatian no. 1229 of Mouja Payradanga in P. S hanskhali in the district of Nadia, including under raiyati lands (5.87 acre) recorded in C. S. Khatian Nos. 1230 to 1234. The disputed plot No. 2257 measuring 1.90 acre of 'Ka' schedule was held by the Korfa Tenant, Ahamad Ali, as recorded in C. S. Khatian No. 1230 under Samsuddin and others along plot No. 2197(.30 acre). The disputed 'Kha' schedule lands comprised measuring 2.27 acre in southern portion of the holding appertaining to C. S. Khatian nos. 1229 and lands & khatian nos. 1230 to 1234 except 2257. It is the common case of the parties that the plaintiff No. 1 Joyad Ali Dhabak and his brother Hazari, the predecessor-in-interest of the plaintiff Nos. 2 to 5 purchased 111/2 annas share of the raiyati holding of Khatian No. 1229 from Samsuddin and some of his other co-sharers by a registered kobala dated 5. 4. 1922. Thereafter the plaintiff No. 1 and his sister Phoin Bibi purchased the remaining 41/2 annas share in the said holding from other co-sharers of Samsuddin by a registered kobala dated 14. 12. 1928. Phoin Bibi transferred her 2 annas 5 gandas share in the said holding to the plaintiff No. 1 by a registered kobala dated 8th June 1954. The plaintiff No. 1 purported to sell 6 annas share in the holding of khatian No. 1229 to the defendant No. 7 Barahim (defendant No. 8) and Jamat Ali, the predecessor-in-interest of the defendant No. 7 by a registered kobala dated 9. 5. 1932. His brother Hazari purported to sell 51/2 annas share in the said holding to the same persons i.e. Berahim and Jamat Aii by a registered kobala dated 4. 12. 1931.
(3.) The Plaintiffs' case is that soon after their purchase of 111/2 annas share in the raiyati holding of khatian no. 1229, the korfa tenant Ahamad Ali surrendered the jote recorded in C. S. Khatian no, 1230 including the disputed plot 2257 of 'ka' schedule and that the other under raiyati holdings were also surrendered by the respective under raiyats. Their further case is that the two kobalas of 1931 and 1932 executed in favour of Berahim and Jamat Ali were benami or sham transactions, that the plaintiff No. 1 and his brother Hazari actually possessed the disputed lands during all meterial period that they sold 16 bighas of land of the disputed holding to the plaintiff No. 6 on 17.2.1955 and that the defendants dispossessed the plaintiffs of plot No. 2257 of 'Ka' schedule and threatened to dispossess them from 'kha' schedule lands from 1st Baisakh 1359 B. S. (14.4.1952).;


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