Decided on August 11,2009

Md. Abdur Razzak Respondents


S.K.SINHA,J. - (1.) This appeal at the instance of the defendant Nos. 24-36 and 38 is by leave granted by this Court against the judgment and order dated 21st June, 2005 of a Single Bench of the High Court Division in Civil Revision No. 3001 of 2001 making the Rule absolute and reversing those dated 12th April, 2001 of the Additional District Judge, 1st Court, Jhenaidah in Title Appeal No. 79 of 1996 affirming those dated 27th April, 1996 of the Senior Assistant Judge, Kaligonj, Jhenaidah in Title Suit No.14 of 1996 decreeing the suit and allotting saham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38.
(2.) The respondent Nos. 15-32 instituted the suit for partition on the averments that the suit lands appertain to CS khatian Nos. 18, 77, 133 and 138 belonged to Hossain Biswas, Ebad Ali Mondal, Sobhan Mondal, Khorshed Mondal, Jamat Ali Mondal and Hamid Mondal who were predecessor-in-interest of the plaintiffs-respondents and defendants-appellants. The plaintiffs are in ejmali possession of the suit lands with the defendants during the settlement operation. The plaintiffs entrusted Omed Ali and Karam Ali to get the suit lands recorded in their names jointly with the defendants but they, in utter violation of such direction got the suit lands recorded in the names of the defendants. Despite such wrong recording the plaintiffs have been enjoying the suit lands in ejmali with the defendants without any interference but some times before the date of institution of the suit, the defendants have tried to establish their title in the entire suit lands denying the plaintiffs title.
(3.) Defendant Nos.1-8 and 12 contested the suit by filing a joint written statement. Their case is that they exclusively owned and acquired title by adverse possession of the suit lands. A portion of the suit land appertaining to CS khatian No. 77 was purchased in auction by the land lord in Rent Execution Case No. 2100 of 1997, who thereupon settled the said lands with Omed Ali and Samed Ali, the predecessors-in-interest defendants No.1-8 and 12 and since then they had possessed the same and after their death the defendants have been enjoying the said lands by paying rent. The defendants No. 24-36 and 38 who were the heirs of Mobarak Mondal and Ebad Mondal also filed a joint written statement praying for separate saham by way of inheritance denying the claim of the defendant Nos. 1-8 and 12. Their case is that they are owners of the lands in CS khatian No. 77 by way of settlement from the landlord and have possessed the same.;

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