Present:-

M r . J u sti ce Mahmudul Hoque Civil Revision No. 2207 of 2018

Kajem Ali died being his legal heirs: 1. Most. Zahanara Begum

...... Petitioner

with

Civil Revision No. 1962 of 2018

Md. Ramijul Karim

...... Petitioner

-Versus-

Chairman, Dokkhin Domdoma Jame Masjid

Committee, representing the Muslim community.

..... Opposite-Parties

Mr. M.M. Shafiullah, Advocate

… For the Petitioner in C. R. No. 2207 of 2018

Mr. Md. Momin Uddin, Advocate

… For the Petitioner in C. R. No. 1962 of 2018

Mr. Md. Abdullahel Baki, Advocate

… For the Opposite Party No. 1

Judgment on 05.02.2024. Mahmudul Hoque, J:

Since both the revisions preferred against the same judgment relating to same property are taken together for consideration and disposal by the single judgment. In both the Civil Revisions Rules were issued in the following terms:

Let a Rule be issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and decree dated 08.04.2018 passed by the learned District Judge, Natore in Title Appeal No. 101 of 2017 allowing the appeal and thereby reversing the judgment and decree dated 25.05.2017 passed by the learned Senior Assistant Judge, Shingra, Natore in Other Suit No. 313 of 2005 dismissing the suit should not be set

aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Facts relevant for disposal of these Rules, in short are that, the opposite party No. 1, as plaintiff, filed Other Suit No. 313 of 2005 in the Court of Senior Assistant Judge, Singra, Natore, against the present petitioners in both the revisions along with others, as defendants, for declaration of title in the suit property claiming that the property measuring 1.75 acres under C.S. Khatian Nos. 232, 233, 234 and 235 covering C.S. Plot Nos. 531, 567, 414 and 693 was permanently settled by zaminder “i¡a¥¢lu¡ af−p L¥j¤¢ð c¢re ¢r¢an i¨oe l¡u Nw” in favour of one Pirpal Burapir for welfare of the local mulsims. For its management, one Madari Mridha son of Kubir Mridha was appointed as sebayet. Said Madari Mridha used to cultivate the land under C.S. Plot Nos. 531 and 567 and C.S. Plot No. 414 was cultivated through Kamaruddin Pramanik and C.S. Plot No. 693 through Janoki Pramanik and Hari Pramanik and also C.S. Plot No. 415 through other cultivators. Accordingly, C.S. Khatian No. 232 stands recorded in the name of Pirpal Burapir and as shebayet Madari Mridha. C.S. Khatian Nos. 233-235 under C.S. Khatian No. 232 recorded in the names of Kamaruddin Pramanik, Janoki Pramanik and Hari Pramanik and others.

Immediate after the end of C.S. operation all the possessors surrendered their possession in the suit property in favour of Pirpal Burapir through shebayet Madari Mridha. Consequently, Madari Mridha used to manage and possess the suit property and applied the income of the property for his own benefit instead of using the same for benefit of the local muslims. Consequently, people of the area jointly took possession of the property and placed the same under management and control of plaintiff Masjid. After taking over possession and control of the suit property by Masjid committee they used to cultivate the same through different cultivators for 60 years. Plaintiff Masjid being run by a committee constituted by local muslims, predecessors of present defendants were members of the committee. They used to cultivate the land for and on behalf of Mosque.

Subsequently, it has become inconvenient for the Masjid to maintain and manage the property through cultivators, resultantly, the committee leased out the same to different persons. Consequently, predecessor of defendants automatically dispossessed from the suit land. The plaintiff as President of Dokkhin Domdoma Paschimpara Jame Masjid, collected the documents in respect of the suit property and came to know on 22.05.2003 that P.R.R, S.A. and R.S. khatians stand recorded in the names of predecessor of defendant Nos. 1-7 Kajem Ali Mridha and prede