Decided on January 24,2017

Parmalundra Joydhar Appellant
Bhagirath Talukder Respondents


HASAN FOEZ SIDDIQUE, J. - (1.) This appeal is directed against the judgment and order dated 09.04.2009 passed by the High Court Division in Civil Revision No.1952 of 1993 affirming the judgment and decree dated 27.03.1993 passed by the then learned Subordinate Judge, 1st Court, Barisal in Title Appeal No.61 of 1987 reversing those dated 25.02.1987 passed by the then Munsif, Agailjahara, Barisal, in Title Suit No.15 of 1986.
(2.) The short facts, for the disposal of this appeal, are that the appellant and respondent Nos.13-15 filed the aforesaid suit for declaration of their title in respect of the land as described in the schedule to the plaint stating, inter alia, that the suit land originally belonged to Anandi Bewa who transferred the same on 15th Bhadra, 1322 to her daughter Duly Dasi and daughter's son Nil Kanto by a registered deed of gift. Thereafter, Duly Dasi died leaving his son Nil Kanto and daughter Purna Laxmi. Nil Kanto died issueless leaving behind the plaintiff as his heir. S.A. and R.S. records of right were wrongly published in the names of defendant Nos.3-5 and 7 since, at that time, the plaintiff was minor. However, he filed Title Suit No.112 of 1984 where defendant No.3 made his appearance and filed written statement stating that Anondi Bewa transferred her entire property by a registered deed of gift on 5th Baishak, 1317 corresponding to 14.04.1910 to Bepen Sen and Nil Kanta. Thereafter, Nil Kanta and Bipen Sen transferred their shares to one Bhagirat Talukder by registered kabala deeds dated 22.08.1941 and on 06.08.1941. The erroneous preparation of S.A. and R.S. records of right clouded the plaintiff's title in the suit land. Hence, was the suit.
(3.) The defendants Nos.3,9 and 20 contested the suit contending that the suit land belonged to Anandi Bewa who transferred the same to Bipin and Nilkanta by a deed of gift dated 14.04.1910. Nilkanta and Bibin transferred the same to Prasannya Kumer by a kabala and dated 03.08.1942. Prasannya died leaving his five sons. Nil Kanta also sold some portion of land to the defendant No.3 by a deed dated 22.06.1942 who constructed dwelling homestead therein. S.A. and R.S. records of right were rightly prepared in the names of the defendants. The suit should be dismissed.;

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