Any question arises over possession or dispossession then the parties can file a suit for partition–
It is by now an established principle of law that in a suit for permanent injunction or where there is a prayer for recovery of possession, there has to be specificity about the land claimed by the plaintiffs. [see Moharram Ali and another Vs. Mohammad Madhu Mia and others, 41DLR(AD)92].
The instant case, the defendants appear to have purchased land from a different Khatian to that claimed by the plaintiffs. There appears to be no conflict of claim. If and when any question arises over possession or dispossession then the parties can file a suit for partition.
We find that the High Court Division erred in dismissing the suit upon reversing concurrent findings of the Courts below. Accordingly the appeal is allowed, without, any order as to costs. The impugned judgement and order is hereby set aside. …Sufala Rani =VS= Balai Mondal, (Civil), 2019 (2) [7 LM (AD) 20] ....View Full Judgment