Decided on January 29,1997

Mohammad Ali Akhand Appellant
Bahatan Nessa Bewa Respondents


BIMALENDU BIKASH ROY CHOUDHURY,J. - (1.) This appeal by the plaintiff, following leave, is directed against an order of remand dated 28 August 1994 made by a single Bench of the High Court Division in Civil Revision No. 8110 of 1991 making the Rule absolute after setting aside the concurrent judgment and decree of the Courts below in Other Class Suit No. 115 of 1984 instituted in the court of Assistant Judge, Kazipur within the district of Sirajganj.
(2.) The plaintiff brought the suit against several defendants to have his title declared in respect of certain land measuring 2.59 acres fully described in the schedule to the plaint. This land originally belonged to one Sarojini Chowdhurani in Khas. It is the case of the plaintiff that between 1331 B.S, and 1332 B.S. he took settlement of the land from the said owner on different dates paying usual nazar and rents, but Harop Ali, predecessor-in-interest of the defendant Nos. 1-8 who had no interest therein managed to get his name recorded in the relevant S.A. Khatians and this wrong recording had cast a cloud over his title.
(3.) The defence set up by the contesting defendant Nos. 1-8, is that they are the owners of the disputed property which was correctly recorded in the S.A. Khatians. Their definite case is to the following effect. Sarojini Chowdhurani settled the disputed plot No. 1165 comprising. 32 acre of land and also. 25 acre out of. 53 acre of land of Plot No. 925 with Harop Ali. Subsequently she settled the remainder of the suit land with Mofatullah Akhand, father of the plaintiff and Harop Ali. The settlements were done on the basis of amalnamas. Mohatullah was survived by his two sons Mohammad Ali and Harop Ali and one daughter zelaton. Accordingly they became the owners of the disputed land by way of inheritance and have been in possession of the same. Zelaton's name was not recorded in the S.A. Khatian as she used to live with her husband.;

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