Bench:

Mr. Justice Bhishmadev Chakrabortty

Civil Revision No. 939 of 2005

Md. Zahangir Mollah .....petitioner -Versus-

Md. Azizul Jalal and others

......opposite parties

Mr. Shasti Sarkar with

Mr. FM Mizanur Rahman, Advocates

...... for the petitioner

Mr. Ahmed Nowshed Jamil with H.M. Borhan, Advocates

...... for opposite party 1

Judgment on 09.05.2024

In this Rule, issued at the instance of plaintiff, defendant opposite party 1 was called upon to show as to why the judgment and decree of the Joint District Judge, Court No.3, Khulna passed on 15.02.2005 in Title Appeal No.337 of 2000 allowing the appeal reversing those of the Senior Assistant Judge, Koyra, Khulna passed on 29.08.2000 in Title Suit No.58 of 1996 decreeing the suit should not be set aside and/or such other or further order or orders passed to this court may seem fit and proper.

Facts relevant for disposal of the Rule, in brief, are that the petitioner as plaintiff instituted the suit stating facts that Madhab Sarder, Jadab Sarder, Bhuban Sarder, Kalicharan Sarder and Kalipada Sarder were the recorded tenants of the land measuring an area of 7.21 acres. They got 1.44 acres each in the suit khatian. Madhab sold