Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No. 4415 of 2017

With Civil Revision No. 4416 of 2017.

Md. Zafar Ali Sardar.

……………Petitioner. Versus-

Ashok Kumar Roy and others.

………….Opposite parties.

Mr. F.M. Mizanur Rahman, Advocate.

---------For the petitioner.

None appears.

--------For the opposite parties. Heard on 03.07.2024 and

Judgment on 08.07.2024.

A.K.M. Asaduzzaman, J.

These 02(two) rules were arisen out of same judgment and decree dated 13.07.2017 passed by the Additional District Judge, 3rd Court, Khulna upon hearing analogously 02 (two) appeals being no. Title Appeal No. 83 of 2012 and Title Appeal No. 87 of 2012 allowing the appeal on reversing the judgment and decree dated 09.01.2012 passed by the Joint District Judge, 3rd Court, Khulna in Title Suit No. 04 of 2002.

On 03.03.2002 present petitioner as plaintiff instituted Title Suit No. 04 of 2002 before the Court of Joint District Judge, Khulna against the opposite parties of both the rules for declaration of his title to the suit land.

Plaint case in short inter alia is that 32.39 acres of land described in the schedule no. 1 of the plaint appertaining to C.S. Khatian No.55 corresponding S.A. Khatian No. 84 of Mouza- Barunpara, Police Station- Batiaghata within district- Khulna was recorded by the names of Jadab Halder, Kalipada Halder, Rangobawa, Rajendranath Halder, Nagendra Nath Halder, Sebika Ratrimoni, Surendra Halder, Biren Halder, Bhabonath Halder, Adhir Halder, Harendra Nath Halder and Makhon Halder in their respective shares and 1.37 acres of land described in the schedule no. 2 of the plaint appertaining to C.S. Khatian No.54 corresponding S.A. Khatian No. 82 of Mouza-Barunpara, Police Station- Batiaghata within district- Khulna was recorded by the names of Jadab Halder, Raho Halder and Kalipada Halder in equal shares. While the recorded tenants had been and have been owning and possessing their respective shares, Jadab Halder died leaving behind one son Krisnapada Halder. Rajendra Halder died leaving behind two sons namely Jagannath Halder and Orabinda Halder. One recorded tenant namely Rongo Bewa sold 2.93 acres

of land on 11.06.1970 and another 2.93 acres of land on the same day through two separate deeds of kabala dated 11.06.1970 to Jahurul Haq Sarder, the father of the plaintiff. Zahurul Haq Sarder purchased that land in names of Benamdar sister Zobeda Khatun and cousin sister Amena Khatun with his own money and for his own interest. Jagannath Halder, Orabinda Halder, Nogendra Nath Halder, Surendra Nath Halder, Birendra Nath Halder, Makhan Chandra Halder, Harendra Nath Halder, Bhaba Nath Halder and Odhir Kumar Halder sold their 14.94 acres of land from which Jaharul Haque Sarder purchased 4.98 + 4.98 acres of land by the name of his Benamder Quddus Sarder and his own name with his own money and interest along with Moslem by way of a kabala dated 16.06.1970. Here Zohurul purchased his portion and portion of Kuddus by his own money and interest. But he used name of Kuddus as his Benamder. Kuddus was dumb, he had no earnings. Therefore, Zohurul got 2/3 shares that is 9.96 acres of land. Once defendant No. 1 Zahurul Haque Sarder became ill and the plaintiff brought out his so Zahurul Haque Sarder being satisfied and pleased upon plaintiff gifted out 5.86 acres of land, which was purchased on 11.06.1970 in names of Zobeda and Amena and 1/3 shares out of 14.94 acres of land, which was purchased in the name of the Benamder Kuddus Sarder to plaintiff and delivered possession therein. Defendant No.1 denied plaintiff’s title on the suit land in the month of Magh of 1408 B.S. and raised cause of action of the suit.

Defendant Nos. 1-4, defendant nos. 7-9 and defendant nos. 10-11 contested the suit by filing separate written statement denying the plaint case, alleging, inter a