Recovery of possession: Possession of the suit land so the plaintiff having not made any prayer for recovery of possession of the suit land All the three courts below committed wrong and illegality in dismissing the suit of the plaintiff holding to the effect that the plaintiff's suit is not maintainable without prayer for setting aside the judgment and decree passed in title Suit No.107 of 1968 and without prayer for recovery of khas possession. The plaintiff acquired valid right, title and interest in the suit land by virtue of purchase by a registered kabala of the year 1963, the exhibit-7 and he has also proved his possession in the suit land. In the circumstances the plaintiff is entitled to get the decree as prayed for...... Masud Alam =VS= Abdul Khaleque Miah, [3 LM (AD) 261]
Recovery of possession:- Recovery of khas possession of the suit land- We find from the cross-examination that he was not present at the time of the settlement with the family members. His wife was present. She was not called to give evidence. In his cross- examination DW2 (defendant No.2) admitted that the plaintiff got land in all the plots at the time of amicable settlement which took place after his father's death in 1995. Hence the judgement of the appellate Court was palpably wrong and the High Court Division correctly reversed the same upon giving cogent reasons. Since there was admittedly amicable settlement within the family there is no question of filing a further suit for partition. In the light of the facts and circumstances discussed, we do not find any illegality or infirmity in the impugned judgement, which in our view does not call for any interference. The appeal is dismissed. ...Harmuj Sarker -VS- Mohammad Anis, [6 LM (AD) 114]
Recovery of possession:- Suit was not maintainable without the prayer for recovery of possession- It would not be proper to remand the case after 30 years of it's institution allowing the plaintiff to prove the deed produced by the defendants forged. We have already held that the plaintiffs have admitted the possession of the defendants in the suit land and that the instant suit was not maintainable without the prayer for recovery of possession, we are of the view that the prayer for remand of Mr. Samader does not deserve any consideration. We do not find any merits in the appeal. ..... Parmalundra Joydhar =VS= Bhagirath Talukder, [5 LM (AD) 95]
