Case Details

Citation(s)
1970 SLG 3243 1970 SLD 3243 = 1970 PLD 750
Dacca High Court
Appeal from Original Decree No. 18 of 1964, decided on 23rd July 1969.
Presented By: A. B. Mahmud Husain and Ahsanuddin Choudhury, JJ
Ruhul Islam and Makbul Ahmed Chowdhury for Appellants. Shah Azizur Rahman, S. S. Halder and Abu Taher Chowdhury for
Respondents. A. T. M. Eshaque for D. R.

MD. GOLAM RASUL AND OTHERS-Plaintiff Appellants

VERSUS

MD. DABIRUDDIN AND OTHERS-Respondents

Law:

Section:

East Bengal State Acquisition and Tenancy Act, 1950 (XXYIII of 1951), S. 75-A read with S. 17(3)-Land in khas possession settled by dakhilas after publication of notification under S. 17(3) Subletting, in circumstances, held, null and void and such dakhilas could not create tenancy right. Dates of hearing : 16th, 18th, 21st and 22nd July 1969. JUDGMENT MAHMUD HUSAIN, J.-This appeal on behalf of the plaintiffs is directed against the judgment and decree passed by the learned Subordinate Judge in a suit for declaration of title and recovery of possession of the suit land by evicting the defendants therefrom. Plaintiffs' case in brief is that the nine items of properties which are the suit lands belonged to pro forma-defendant No. 25 Rashbehari Pal to the extent of 4 annas share, Debendra Nath Pal predecessor-in-interest of pro forma-defendants Nos. 26 to 28 to the extent of 4 annas share, Brojendra Pal predecessor-in interest of pro forma-defendants Nos. 30 and 31 to the extent of 4 annas share and to Ramnarayan Pal to the extent of remaining 4 annas share. On the death of Ramnarayan Pal his-4 annas share devolved upon his only heir, his brother's son pro forma defendant No, 25 Rashbehari Pal. On the death of Debendra Nath Pal his share devolved upon his heirs pro forma defendants Nos. 26 to 28 and on the death of Brojendra Pal his share devolved on his heirs pro forma-defendants 29 to 31. The suit lands were the khas land of pro forma-defendants 25 to 31 and they possessed it by letting out in barga to different persons. Pro forma-defendants 26 to 28 lived in joint family of which pro forma-defendant No. 28 Niranjan was the karta and pro forma defendants 29 to 31 also lived in. joint family of which pro forma defendant 29 Gopi Ballav Pal was the karta. Pro forma defendants proposed to dispose of their properties as they intended to leave Pakistan. Plaintiff No. 7 Hajid. Elahi Bux was the Gomosta of the Pals-Pro,rorma-defendants. Plain tiffs Nos. 1 to 10 who are relations proposed to take lease of the suit lands from Pals who leased out the same to , plaintiffs in nine separate jamas by nine amalnamas dated 16th Magh 1354 B. S. corresponding to 30th…
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