Decided on July 05,1994

JULUP RAJA Respondents


- (1.)1. This is a revision under Section 115 of the Code of Civil Procedure 1908 against the judgment and decree dated 20.9.89of the learned Munsiff No. 1, Hailakandi inTitls Suit No. 63 of the 1987 by which the learnedMunsiff decreed that the plaintiffs are entitled to get possessionover the suit land and directed the defendants including the petitioner-defendant No. 3 to deliver vacant possession of the suit land to the plaintiffs within one month.
(2.)The facts of the case as stated in the aforesaid impugned judgment of the learned Munsiff No. 1, Hailakandi are that the plaintiffs filed a suit under Section 6 of the SpecificRelief Act for getting khas possession of the suit land. The plaintiffs case was that defendant No. l2, purchased the suit land from Azizur Rahman on 28.2.79 by a registered sale deed and thereafter sold the same to his wife defendant No. 11 on l9.7.78 and the plaintiffs No. 1 and 2 advanced an amount of Rs. 2,0007- to defendant No. 11, for purchase of the said land and the defendant No. 11 executed a bainama and gave delivery of the possession of the suit land to plaintiff No. 1 and 2. But thereafter on 6.11.86 the defendants No. 1 to 10 forcibly trespassed into the suit land, assaulted the plaintiffs and took forceful possession of the land and on 8.11.86. Defendant No. 11 executed a sale deed in respect of the suit land in favour of the plaintiffs. It is on this facts as stated in the plaint that the plaintiff prayed for recovery of the suit land.
(3.)Out .of the 12 defendants only defendant No. 2 contested the suit and in the written statement pleaded that the defendant No. 12 Sural Ali executed suit land in favour of the defendant No. 3 and took a sum of Rs.15,0007- as an advnce money towards part of the consideralion of Rs 49,000/ and on 5.11.86 delivery of possession of the suit land was given to the defendan tNo. 3 and thereafter the defendant No. 3 erected a dwelling house and has been in possession of the suit land since then.

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