- (1.) This Court has heard the learned Advocates for the respective parties.
(2.) The facts of the case, briefly, are as follows: 1. The Plaintiff/Respondent filed a suit for declaration that she has absolute right, title and interest in the suit property and a decree for permanent injunction restraining the Defendants/Appellants from causing any damage to the suit property and from making any construction in the suit property and also from disturbing the peaceful possession of the Plaintiff in the suit property. The Plaintiff/Appellant's case was that she had purchased the suit property from one Nazarali Sardar on 18.3.1969 by one registered sale deed and since then she has been paying tax to the Government and the local municipality and her name has been rightly recorded in the records-of-right and she has been possessing the suit property as owner thereof. The Plaintiff's further case was that the Defendants illegally got their names recorded in the settlement records as 'jabar dakhal kar'. But pursuant to the objection raised by the Plaintiff the names of the Defendants were struck off from the records and the Plaintiff's name was recorded in the finally published L.R. records-of-right. Thereafter, the Defendants started threatening the Plaintiff to dispossess the Plaintiff from the suit property, and thus the suit was filed.
(3.) The Defendants filed a written statement denying the material allegations made in the plaint and contested the suit. The Defendants' case was that the recorded owners of the suit properties were Sahebjan Mia and Alijan Mia but at the time of partition the said owners left the suit property and the Defendants came to India from the then East Pakistan and as per the advice of the Bhatpara Relief Society the Defendants took possession of the suit property in 1950. And according to the Defendants Nazarali Mia did not have any title in the suit property. It further appears that in the written statement the Defendants have stated that they also paid municipal taxes though in the name of the Plaintiff. Defendants have also stated that they have no intention to grab the property of another person and that the Defendants are still ready to quit and vacate the property in favour of the said Sahebjan Mia and Alijan Mia and/or their successors and/or purchase the property at a reasonable consideration.;