GOPAL DAS SONI Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This petition for leave to appeal is by the plaintiff-petitioners against the judgment and order dated August 14, 2000 of the High Court Division in Civil Revision 4302 of 1999 making the Rule absolute and consequent thereupon set aside the judgment and decree dated April 22,1999 of the 2nd Court of Additional District Judge, Khulna in Title Appeal No.19 of 1992 dismissing the same and thereby affirmed the judgment and decree dated November 30,1991 of the 1st Court of Subordinate Judge, Khulna in Title Suit No.207 of 1979 decreeing the same. The suit was for declaration of title as well as for a decree of permanent injunction restraining the defendants from disturbing the possession of the plaintiffs in the land in suit.

(2.) The plaintiffs filed the suit stating, inter alia, that the land in suit belonged to Chandan Mal Soni who died leaving two sons, Sree Krishna Soni and Hari Krishna Soni. Sree Krishna filed Title Suit 13 of 1959 impleading Hari Krishna Soni and the suit was decreed on compromise declaring the title of Sree Krishna Soni. Further case of the plaintiffs is that while in possession they came to know on 20 July, 1980 that defendant No. 2 has included the property within the periphery of Khulna Hat and Bazar without any service of notice and that defendant No. 3 served a notice on the plaintiffs to vacate the land in suit and then plaintiffs filed Writ Petition No. 394 of 1970 and the same was dismissed for non-prosecution along with other similar writ petitions.

(3.) The suit was contested by the defendants averring that the suit is not maintainable and that the land in suit has been recorded in the kash Khatian being within the periphery of the Khulna Hat and Bazar and that the land in suit as per provision of section 20(2a) of the State Acquisition and Tenancy Act, 1950 is of the class of non-retainable land and that compensation roll in the name of Sree Krishna Soni has already been prepared and the same has been published in the Gazette and that notices were served on Sree Krishna Soni and others.