IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Badruzzaman.

And

Mr. Justice Sashanka Shekhar Sarkar

First Appeal No. 245 of 2013. Munshi Abdus Sobhan and another

...Appellants. -Versus-

Abdul Mannan being dead his legal heirs:

1(a) Samirun Nesa and others

....Respondents. With

Civil Rule No. 682 (F) of 2013

Munshi Abdus Sobhan and another

...Appellant-petitioners. -Versus-

Abdul Mannan being dead his legal heirs:

1(a) Samirun Nesa and others

....Respondent-opposite parties

Mr. Tapan Kumar Dutta, Advocate

… For the appellant and petitioners

Mr. Faysal Hasan Arif, Advocate with

Mr. Kaissaruzzaman, Advocates

… For respondent Nos. 8, 9, 11-15/ opposite parties.

Heard on: 30.01.2024, 31.01.2024, 07.02.2024, 24.04.2024, 25.04.24, 08.05.2024 and 09.05.24. Judgment on: 14.05.2024.

Md. Badruzzaman, J:

This Appeal is directed against judgment and decree dated 12.05.2013 (decree signed on 19.05.2013) passed by learned Joint District Judge, 5th Court, Dhaka in Title Suit No. 255 of 2013 dismissing the suit.

During pendency of the appeal Rule was issued and the respondent-opposite parties were restrained by an order of injunction from interfering with the peaceful possession of the appellant- petitioners on the suit land and from transferring and changing the nature and character of the same for a period of 4 (four) weeks which is still in force. The Rule was registered as Civil Rule No. 682 (F) of 2013. Since the appeal and Rule involve identical facts, those have been heard together and now are being disposed of by this common judgment.

Facts, relevant for the purpose of disposal of the appeal and Rule, are that two appellants as plaintiffs on 15.5.2007 instituted Title Suit No. 57 of 2007 in 3rd Court of Joint District Judge, Dhaka praying for a decree of declaration of title to .33 acre suit land and another declaration that R.S Khatian No. 676 of R.S Plot No. 785 in respect of the suit land was wrongly prepared and published in the name of defendant Nos. 1-3 (Abdul Mannan, Fuljan Bibi and Aleka Banu) and not binding upon the plaintiffs contending, inter alia, that total 21.40 acre land belonged to Kamaldi in eight ana, Ekbar Ali in four ana thirteen Gonda one Kara one karanti, Amirjan in three ana six Gonda two Kara two Karanti and Soyda Bibi in one ana share. Accordingly C.S Khatian No. 170 was prepared and finally published in their name. Kamaldi transferred .43 acre land out of .86 acre land of C.S Plot No. 637 of C.S Khatian No. 170 in favour of Wahed Box by registered deed of sale dated 30.11.1915 being No. 4844. Rest .43 acre land of C.S Plot No. 637 was owned and possessed by Ekbar Ali, Amirjan and Soyda Bibi according to their respective shares. Wahed Box, thereafter, sold said .53 acre land to Chand Miah, Bashir Uddin, Omar Miah and Shamsuddin by registered deed of sale No. 3401 dated 02.08.1949. By said deed dated 02.08.1949 Wahed Box transferred .10 acre access land. During

S.A operation 17.97 acre land including .43 acre land of S.A Plot No. 637 was recorded in the name of Ekbar Ali and Amirjan along with other co- sharers. During R.S operation in 1974 total .86 acre land of C.S Plot No. 637 was divided into two plots out of which .42 acre land was recorded in R.S Plot No. 784 of R.S Khatian No. 2680 in the name of Chand Mia and others but .33 acre land was wrongly recorded in R.S Plot No. 785 of R.S Khatian No. 676 in the name of Abdul Mannan, Fuljan and Aleka Banu (defendant Nos. 1-3) instead of Ekbor Ali and Amirjan. Moreover, the quantum of land was wrongly recorded as .33 acre instead of .43 acre in R.S Plot No. 785. For such wrong record-of-rights, the title and possession of Ekbar Ali and Amirjan were not affected. Since after transfer, Wahed Box lost his title to .43 acre land, the preparation and publication of R.S Khatian No. 676 in the names of defendant Nos. 1-3 as his heirs was wrong and erroneous and not binding upon the