HOSNA ARA BEGUM Vs. ABDUL MALIK @ MOHIUDDIN

JUDGEMENT

(1.) Both the appeals by leave are directed against the common judgment and order dated 09.04.2003 passed by a learned Single Judge of the High Court Division in Civil Revision No. 4670 of 1997 and Civil Revision No. 556 of 1998 making the Rules absolute and sending the suit back to the trial court for re-hearing. Both the appeals have been heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts.

(2.) The facts, leading to the filing of these two appeals, in brief, are:

(3.) Defendant Nos.1, 5-7 and 12 contested the suit by filing written statement denying all the material statements made in the plaint. Their case, in short, is that the plaintiffs did not acquire any share in the suit land by purchase and that Sailendra, the original owner of the suit properties, settled the suit land to Ruhi Das Barayek in the years 1350 and 1360 B.S. and Bad Barayek had no share in the suit land. On 8.7.1975, Ruhi Das Barayek sold 75 decimals of land to defendant No.1 and on the death of Ruhi Das Barayek, his sons, defendant Nos. 8 and 9, sold 75 decimals of land on 06.06.1978 and also 75 decimal of land on 21.01.1979 to defendant No.1. They also sold 75 decimals of land to defendant No.2, who in his turn sold the same to defendant No.12. Defendant No.8 further sold 30 decimals of land on 27.10.79 to defendant No.5 and he also sold 2 kaders of land on 16.10.1079 to defendant Nos. 6-7.