NUR AHMED MAJUMDER Vs. NUR AHMED MAJUMDER

JUDGEMENT

(1.) In this appeal by leave Defendant No.1 is the appellant who has since died and been substituted by his heirs. The appeal is from judgment and order dated 4 July, 1985 passed by a Single Judge of the High Court Division (Comilla Bench) in revision refusing to interfere with the judgment and decree of the lower appellate court decreeing the suit being O.C. Suit No. 6 of 1970 of the Second Court of Munsif, Feni.

(2.) Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belonged to one Samad Ali who died leaving daughter Jaitun Bibi and son Ganu Miah; Ganu Mian died leaving son Abdur Rashid who died leaving son janu Miah and daughter Amena Khatun. Thus Jaitun Bibi, Janu Miah and Amena Khatun inherited the suit land and they sold the same to the plaintiff and defendant Nos. 2 and 3 by two registered kabalas died 193.63 and 233.63 respectively. Thereafter defendants 2 and 3 sold their interest to the plaintiffs by Kabala dated 11.2.65 and thus the plaintiffs became full owners of the suit property. In the M.R.R. Khatian No. 106 the suit land was recorded wrongly in the names of Raj Mohan and others who created a fictitious Kabala in favour of defendant No. 1 and against the said wrong khatian Misc. Case No. 247 of 1966-67 was filed before the Sub-Divisional Magistrate, Feni who by his order dated 27.5.67 directed the parties to get their right established in civil court Hence the suit.

(3.) Defendant No.1 contested the suit by filing a written statement. He denied the plaintiffs case and asserted that the suit land originally belonged to one Mahesh Chandra Chakroborty who sold the same to Rani Sundar Saha. Rain Sundar Saha leased out the suit land to Jamiruddin, Golam Nabi and Minnat Ali who in their turn sold the same to Pitamber by kabala dated 26 Chaitra, 1304 B.S. Ext B(1). Pitamber died leaving 3 sons from whom the property devolved upon Raj Mohan and others by inheritance. They exchanged their lands including the suit land with defendant No. 1 by a deed of exchange dated 22.2,64 (Ext.B) Defendant 1 is in possession of the suit land by virtue of the said exchange and asserted that the M.R.R. Khatian was correctly prepared in the names of his vendors.