ZAHUR ALI SK. Vs. JOGENDRA NATH SAMADDAR

JUDGEMENT

(1.) These petitions for leave to appeal are directed against the judgment and order dated 31.08.2006 passed by the High Court Division in Civil Revision Nos. 4217 of 1998 and 386 of 1999 discharging the Rule.

(2.) The facts, in short, are that the plaintiff opposite parties instituted Title Suit No. 222 of 1994 in the 2nd Court of the learned Subordinate Judge, Bagerhat for declaration of the Title confirmation of possession and for permanent injunction against the petitioners and defendants opposite parties alleging, inter alia, that the original land of the plaintiffs under R.S. and S.A. khatian is situated on the eastern side of the river Baloswar, that char land came to the surface from the bed of the river before 1950 and accreted to the original land of the plaintiffs, that surveyor and tahshildar of the Government prepared map of the accreted land, that the plaintiffs prayed for separation of this rent, their rent, that proposal was sent to the sub divisional officer, Bagerhat who forwarded it to the Additional Deputy Commissioner, Khulna who approved the proposal and separate rent was taken from the plaintiffs for the accreted land, that the plaintiffs have been in peaceful possession of their original land along with the accreted land for more than 32 years, that in order to deprive the plaintiffs of their valuable land the surveyor and kanungo of the Government office suppressed the previous map and they prepared new map and with the connivance of the higher officers of the Government the defendants took settlement of the accreted land in their names which has clouded the title of the plaintiffs and as such they have been constrained to institute the suit to protect their interests.

(3.) The defendant-respondent Nos.1-3 filed joint written statements denying the material allegations made in the plaint and contending, inter alia, that the char land began to from after the operation of Chapter V of the State Acquisition and Tenancy Act when the current in the River Baloswar became weak and in 1970 when the information of the char land was complete and it became fit for cultivation government enquired into the matter and then treated the char land as government khas land and settled the char land amongst the landless peasants against D.C.R. and they further stated that the plaintiffs have no title or possession in the char land.