Decided on October 26,2003

Md. Golam Rasul Appellant
Chan Mohammad Respondents


MD.RUHUL AMIN,J. - (1.)This appeal, by leave, is by the plaintiff against the judgment and order dated February 19, 1998 of a Single Bench of the High Court Division on Civil Revision No. 577 of 1991 reversing the judgment and decree dated January 31, 1991 of the Court of Subordinate Judge, Nature, in Title appeal No.124 of 1989 decreeing the Suit upon reversing the judgment and decree dated may 30, 1989 of the Court of Assistant Judge, Sadar, Nature, in other Class Suit No.112 of 1979 dismissing the same. The Suit was filed seeking declaration of title in and recovery of possession of 41/2 decimals of land, shown in the sketch map attached to the plaint, part of 22 decimals of land of the 'kha' schedule with is part of the land of 'ka' schedule.
(2.)Plaintiff appellant filed the suit stating that 45 decimals of land described in 'ka' schedule which comprises also the land of 'kha' schedule belonged to Yakub Ali and he sold the same to his son Ishaque on May 12, 1977 who while in possession of the land of 'ka' schedule sold the same to the plaintiff on December 1, 1977. Plaintiff's Cases is that land in suit is of plot No.1063 (old plot No.1330) as des scribed in the 'kha' schedule. The plaintiff out of the said land has prayed for recovery of possession of 4 decimals of land possessed by the defendant, respondent here in. It is the case of the appellant that at the time of purchase he requested the Respondent to vacate the said 4 decimals of land by removing the structures there in and he initially agreed to vacate the land, but later on did not.
(3.)Defendant Respondent contested the suit stating, inter alia, that land of 'kha' schedule belonged to his father Yakub Ali and that he was allowed by his father to stay in the land in suit and thereupon he is possessing the land by erecting huts. It was also the cases of the defendant respondent that plaintiff's vendor Ishaque never possessed the land in Suit.

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