Bench:

Mr. Justice Bhishmadev Chakrabortty And

Mr. Justice Md. Akhtaruzzaman

First Appeal No.70 of 1999

Rakesh Chandra Nath being dead his heirs:

1(a) Rani Bala Nath and others ...... appellants -Versus-

Rafiqul Islam and others ...... respondents

Mr. Sudipta Arjun with Mr. Chanchal Kumar Biswas, Mr. Bidhayok Sarker and Mr. Sougata Guha, Advocates ...... for the appellants

Mr. Belayet Hussain with Mr. Mohammad Ali, Advocates ...... for the respondents 12(b)(i)(j) and 13

Judgment on 14.01.2024

Bhishmadev Chakrabortty, J.

This appeal, at the instance of the plaintiffs, is directed against the judgment and decree of the then Subordinate Judge and Artha Rin Adalat, Sylhet passed on 01.06.1998 in Title Suit No.113 of 1995 dismissing the suit for declaration of title and recovery of possession.

The plaintiffs brought the suit on 30.07.1992 stating facts that the suit land originally belonged to the predecessors of the plaintiffs Golak Nath and Tilak Nath. Tilak Nath died leaving behind his brother Golak Nath and he became the owner of the total land. He died leaving behind his two sons Charitra Nath and Gopi Nath as heirs. Subsequently, Gopi Nath sold his 8 annas share to his daughter