IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Badruzzaman.

And

Mr. Justice Sashanka Shekhar Sarkar

Civil Revision No. 5900 of 2007

Md. Shah Alam and others

.... Petitioners

-Versus-

Md. Nazrul Islam and others

.......... Opposite parties Mr. Khondkar Shamsul Hoque Reza, Advocate

… For the Petitioners

Mr. Moinul Islam, Advocate

… For the Opposite parties

Mr. Md. Firoz Hossen, Advocate

....For the added Opposite parties

Heard on: 19.05.2024, 23.05.2024, 26.05.2024 and 27.05.2024.

Judgment on: 02.06.2024.

Sashanka Shekhar Sarkar, J:

This Rule is directed against the judgment and decree dated 19.11.2007 (decree signed on 20.11.2007) passed by the learned Additional District Judge, Barguna in Title Appeal No. 07 of 2006 allowing the appeal by reversing those of dated 28.11.1995 (decree signed on 30.11.1995 passed by the learned Joint District Judge, 2nd Court, Barguna in Title Suit No. 14 of 2000 dismissing the suit.

Facts, relevant for disposal of this Rule, are that, the petitioners as plaintiffs filed Title Suit No. 14 of 2000 in the court of Joint District Judge, 2nd Court, Barguna for declaration of title to and partition of “Ka” schedule land and for declaration that “Kha” schedule deed in respect “Gha” schedule land is void, collusive, inoperative and not binding upon the plaintiffs by presenting a plaint contending that the predecessor of the plaintiffs and the opposite parties No. 2-13 named Sarup Ali became the owner of 8 annas share from 5.02 acres of land of S.A. Khatian 415 of S.A. Plots No. 2146 and 2176; 14 annas from 4.01 acres of land of S.A. Khatian No. 417 of S.A. Plots No. 781, 782, 766, 782/817 and 781/899; 14 annas from 8.83 acres of S.A. Khatian 119 of S.A. Plots No. 2024, 2025, 2026, 2027, 2018 and 2033; 8 annas from 4.55 acres of land of S.A. Khatian No. 258 of S.A. Plots No. 2149, 2177, 2179, 2077/2370, 2412 and 2185/2422, full share of 5.27 acres of land of S.A. Khatian No. 149 and 171 of S.A. Plots No. 166, 176, 182, 188, 237, 309, 310, 381 and 406. In the above way he became the owner of total 22.90 acres of land at Chalbhanga and Hori Mrittunjoy mouja.

The predecessor of the plaintiffs and defendant Nos. 2-13 Sarup Ali while was owning and possessing the said land died leaving behind one son Fazlul Karim, two daughters Safia Begum and Mostafa Begum and two sons and a daughter of another daughter Jarina Khatun. On the death of Sarup Ali his son, two daughters and deceased daughter’s sons and daughter obtained their respective shares as per Mislim Faraj i.e. son Fazlul Karim inherited 9.16 acres and rest 13.74 acres of the land were inherited by three daughters each having 4.58 acres (deceased daughter’s sons and daughter proportionately). The plaintiffs asked the defendants No. 2-13 to have their share partitioned amicably but they refused the proposal on 07.07.2000 and then the plaintiffs having no other alternative constrained to file the suit for declaration of title and partition of the suit land.

The defendant Nos. 30, 31, 33, 34, 37, 41, 45-48, 50, 51, 76, 80 and 81 contested by filing written statements denying all the material allegations of the plaint and contended that they have purchased 5.06 acres of land from the heirs of Fazlul Karim and are in enjoyment and possession by erecting dwelling houses, digging ponds etc. within the knowledge of the plaintiffs. Sarup Ali bequeathed his entire landed property to his only son Fazlul Karim on 04.11.1970 by wasiyatnama in presence of the plaintiffs but the plaintiffs by concealing the same filed the suit with