PARMALUNDRA JOYDHAR Vs. BHAGIRATH TALUKDER
SUPREME COURT OF BANGLADESH
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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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