Decided on July 05,2009

Charupado Mondol Appellant
Chinmay Bachar Respondents


MD.ABDUL AZIZ,J. - (1.) Delay of 259 days is hereby condoned.
(2.) This petition for leave to appeal is directed against the judgment and order dated 25.09.2007 passed by a Division Bench of the High Court Division in Civil Revision No.4008 of 2000 making the Rule absolute and reversing the judgment and order dated 14.11.1999 passed by the learned Subordinate Judge (now Joint District Judge), 4th Court, Khulna in Title Suit No. 129 of 1995 rejecting an application for amendment of the plaint.
(3.) Facts, in short, are that the plaintiff-petitioners filed the aforesaid Title Suit No. 129 of 1995 praying for declaration of title in the suit land alleging, inter alia, that the disputed land belonged to one Akrur Thander, who had 4 sons namely, Kali Charan, Naba Kumar, Baburam and Bhagaban and 5 daughters namely, Sumitra, Duli, Bhani, Kanchan and Feli; that all the 4 sons predeceased of Akrur Thander. Thereafter, Akrur Thander died leaving behind one wife, Padma Debi and said five daughters and Padma Debi also died leaving behind the said five daughters and thus they inherited the entire estate of Kali Charan. Among the daughters, Duli died Childless, Sumitra died leaving a son Shibpada and Shibpada died leaving behind son Sashi Mondal and Sashi Mondal died leaving behind two sons Keshab and Monohar. Sumitra gave up her claim to the disputed land in favour of her 3 sisters, Bhani, Kanchan and Feli. The sons of Bhani and Feli as plaintiffs in this suit claimed 23 share, while the sons of Kanchan and Sumitra are defendants. It was further alleged that the suit property was in ejmali possession. Khatians were not correctly prepared and there was difficulty in ejmali possession so the plaintiffs were compelled to come up for partition with declaration of title in the "Kha" schedule land.;

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