Decided on August 16,2009

Most. Monowara Begum Appellant
Malanch Bibi Respondents


S.K.SINHA,J. - (1.) This appeal by leave granted by this Court from the judgment and order dated 31st May, 2001 and 3rd June 2001 of the High Court Division in Civil Revision No. 2516 of 1996 making the rule absolute by reversing those dated 27th May, 1996 of the learned Additional District Judge, 1st Court, Barisal in Title Appeal No.158 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960.
(2.) Appellant instituted the suit for declaration of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudulent and not binding upon him.
(3.) Appellant's case in short is that the original maliks of the holding Nalini and his wife Sarola left this Country for India in 1962 and the suit holding measuring an area of 1.72 acres of land was sold in auction for arrear of rents. The plaintiff auction purchased the same on 22nd October, 1962 in 3 (three) certificate cases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the plaintiff and it was recorded in the name of defendant on the basis of an ex parte decree passed in Title Suit No.730 of 1962, which clouded his title in the suit lands.;

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