Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No.2065 of 2023

Mossammaunt Momotaz Begum and others.

……………Petitioners.

-Versus-

Md. Badol Hossain Dewan and others.

………….Opposite parties.

Mr. Md. Alamgir Mostafizur Rahman, Adv.

……….For the petitioners.

Mr. Md. Rafiqul Hossain Miah, Adv.

.........For the Opposite parties. Heard and Judgment on 18.03.2024. A.K.M.Asaduzzaman,J.

This Rule was issued calling upon the opposite party nos. 1-

13 to show cause as to why the judgment and decree dated 23.03.2023 passed by the Additional District Judge, 2nd Court, Munshigonj in Title Appeal No. 230 of 2015 affirming those dated 29.10.2015 passed by the Assistant Judge, Gazaria, Munshigonj in Title Suit No. 96 of 2009 (Civil Suit No. 96 of 2009) decreed the suit should not be set aside.

Opposite party nos. 1-13 as plaintiffs filed the suit for rectification of deed against petitioner before the Court of Assistant Judge, Gazaria, Munshigonj.

Plaint case in short inter alia, is that suit land was of CS khatian No. 232, SA khatian No. 272, plot No. 392 and RS Khatian No. 89, Plot No. 725 Mouja- Bhaterchor, P.S-Gazaria, Dist. Munshiganj, measuring .25 decimals originally belonged to Salladi. Salladi died leaving behind 01 son Md. Ali, 03 daughters namely, Salma, Taraban and Arobjan and wife Saju Bibi. Saju Bibi gifted 1/3 of her portion to Arobjan by the deed no. 3644 dated 30.10.1939. Md. Ali and Salma died leaving behind 02 sisters namely Taraban and Arobjan and mother Saju Bibi. Saju Bibi died leaving behind 02 daughters namely Taraban and Arobjan. Arobjan got 25 decimal in the suit plot through the partition deed no. 232 dated 16.01.1942. Partition deed was executed between Traraban and Arobjan. Taraban got in other plots. Khatian No. 75 in the place of khatian no. 232 and plot no. 442 in the place of 392 in serial no. 8 were wrongly recorded in that partition deed no. 232. S.A and R.S records were correctly prepared. Arobjan Bibi gifted 16 decimal land out of the suit 25 decimal to her son Abul Hosen by the deed no. 3452 dated 25.09.1978. Arobjan died leaving behind 9 decimals land in the suit land and 5 sons namely, Abul Hosen, Abdul, Abul Hasem, A. Malek and A. Khaelk and 03 daughters namely, Kharirun Nesa, Omortaz, Fatema Begum. They made an amicable settlement. Abul Hosen, Abdul Khalek and A. Malek got that 9 decimal of suit plot No. 392. Each of them got 3 decimal out of that 9 decimal in the suit plot. Thus, Abul Hosen got 16 decimal by gift and 3 decimal by amicable settlement. Abul Hosen got 21 decimal land in the suit plot, mutated in his name by the mutation case. 372/07-08 dated 16.08.2007. Abul Hosen transferred 16.5 decimal lands out of 19 decimals in the suit plot to the plaintiff nos. 2-10 by deeds. Plaintiffs were in possession of the suit land, making their house therein for more than 50 years. There were graves in the suit lands. Suit plot was a joint property. It had not been partitioned by metes and bounds. On 10.07.2009, the plaintiffs sought for partition. But the defendant side denied partitioning the suit land on the ground that the suit plot was not in the deed. On that the plaintiffs knew about the wrong recording in the deed. Hence the suit.

Petitioner as defendant contested the suit by filing written statements denying the plaint case, alleging inter alia that suit land measuring 25 decimal originally belonged to Salladi. Salladi died leaving behind 02 daughters namely, Taraban and Arobjan. Taraban became owner in possession of 12.5 decimal lands in the suit plot by inheritance. Her name was not recorded regarding the suit land measuring 12.5 decimal in SA khatian. That did not affect her possession. Taraban died leaving behind 01 daughter Jinnotjan. Jinnotjan became owner in possession of 12.5 decimal lands left by Taraban. Jinnotja