In the Supreme Court of Bangladesh High Court Division

(Civil Revisional Jurisdiction)

Present:

Mr. Justice Muhammad Abdul Hafiz

CIVIL REVISION NO. 1706 OF 1998

Arab Ali being dead his legal heirs: 1 (ka). Gafor Prodania and others Plaintiff-Appellant-Petitioners

Versus

Abdur Rab Chokder being dead his legal heirs:- 1(ka). Md. Joynal Chokdar and others Contesting Defendants-Respondents-Opposite Parties

Assistant Commissioner (Land),

Chandpur Sadar and others Proforma-Defendants-Respondents-Opposite Parties

The Government of Bangladesh, represented by the Deputy Commissioner, Chandpur and another

Defendants-Respondents-Opposite Parties

Mr. A. K. M. Badrudduza, Advocate for the petitioners

Mr. Md. Rahmat Ali, Advocate

for the opposite party No. 2 Abdul Wahed Gain being dead his legal heirs 2(a) Syedul Haque Gain and others

Judgment on: 29.8.2023 This Rule was issued calling upon the opposite parties to

show cause as to why the impugned Judgment and Decree dated 12.11.1997 passed by the learned Subordinate Judge, now Joint District Judge, 2nd Court, Chandpur in Title Appeal No. 47 of 1995

dismissing the appeal and thereby affirming the Judgment and Decree dated 18.2.1995 passed by the learned Assistant Judge, Shaharasti, Chandpur in Title Suit No. 63 of 1994 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

The petitioner as plaintiff instituted Title Suit No. 63 of 1994 before the Court of learned Assistant Judge, Shaharsti, Chandpur for declaration of title with correction of S.A record.

The plaintiffs Case, in short, is that 10.52 decimals of land of C.S. Khatian No. 250 of Balasia Mouja No. 116 belonged to Abdul Karim Sarker, Abdur Rab Sarker and Abdul Awal Sarkar. The land was sold in auction for arrears of rent in Rent Suit No. 1603 of 1963. The land was purchased in auction by proforma-defendant Khalilur Rahman. Some portion of the land was purchased in auction by Abdul Jabbar. After the death of Abdul Jabbar his brother Ali Mia inherited his land. Ali Mia sold his 2.40 acres of land to the plaintiff vide registered Kabala dated 18.4.1974. Khalilur Rahman sold 5.28 acres of land to the plaintiff vide registered kabala dated 7.5.1978. The land purchased from Ali Mia has been described as ‘Ka’ schedule and the land purchased from Khalilur Rahman has been described in 'Kha' schedule. Thus the plaintiff became the owner of total 7.68 acres of land. The plaintiff stated that the defendant No.1 has no interest in the suit land. The S.A. record was wrongly recorded in the names of the defendant No.1 and Abdul Jabbar. On 20.6.1979 the plaintiff-petitioner went to the Office of the proforma defendant No. 6 for mutation of the land and to pay rents. Then he came to know about the wrong S.A. record and obtained the certified copy of the wrong S.A. record and thus instituted the instant suit.

The defendant No. 2 contested the suit by filing a written statement. His case is that in Khatian No. 250 Abdul Karim and others were owners in equal share under Maharaja Sashikanta. The plaintiff’s Case of recording the land in R.S. 250 Khatian is not correct. In that Khatian the names of defendant No.1 and proforma-defendant Nos. 7 and 8 were not recorded. Abdul Karim and others were owners of that land. Ayub Ali Zamader on 12.10.1946 purchased 1.99 acres of land by registered kabala and Habibullah Chokdor and his father late Hazimuddin Chokdar purchased 1.69 decimals of land by the same dated Kabala. The defendant No. 2 Wahid Ali Gain purchased 6.77 acres of land. In S.A. record the land has been increased from 10.15 acres to 10.52 acres. The S.A. record being prepared in the names of Abdul Jabbar and Abdur Rob. The defendant Nos. 3-5 in Benami of their brother Azizul Haq purchased 8.52 acres of land from Abdur Rab and Abdul Jabbar on 9.5.1975 ,2.6.1975 and 10.7.1975. The rest 1.59 acres of land has been purchased by Ayub Ali Jamader and Azizul Haq who has not been ma