IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Badruzzaman.

And

Mr. Justice Sashanka Shekhar Sarkar

CIVIL REVISION No. 617 OF 2016.

Md. Humayun Kabir and others

...Petitioners. -Versus-

Deputy Commissioner, Dhaka and others .

....Opposite parties.

Mr. Md. Sultan Uddin, Advocate

… For petitioners.

Mr. Lutfor Rahman, Advocate

… For opposite party No. 03.

Heard on: 24.01.2024.

Judgment on: 12.02.2024,

Md. Badruzzaman,J

This Rule was issued calling upon opposite party Nos. 3, 7 and 8 to show cause as to why order No. 11 dated 29.02.2016 passed by learned Joint District Judge, 2nd Court, Dhaka in Title Suit No. 144 of 2014 should not be set aside.

At the time of issuance of Rule opposite party Nos. 3, 7 and 8 were directed to maintain status quo in respect of possession and position of the suit property for a period of 6(six) months which was, subsequently, extended till disposal of the Rule and the trial Court was directed to dispose of the application for injunction as expeditiously as possible.

Facts relevant, for the purpose of disposal of this Rule, are that the petitioners as plaintiffs instituted Title Suit No. 144 of 2014 on 07.03.2016 for a decree of partition claiming .5831 acre land out of .83

acre suit land contending, inter alia, that the suit land was originally belonged to Ananda Mohan Saha and others who transferred the same to Siraj Miah and S.A Khatian No. 59 was prepared and published in his name. Thereafter, Siraj Miah transferred said land to his wife Meskadi Bibi by registered deed of heba-bil-ewaj No. 6823 dated 29.04.1966 and while she was owning and possessing the same, R.S Khatian No. 53 was prepared in her name in R.S Plot No. 18. Meskadi Bibi died leaving behind four daughters namely Hason Banu, Hossen Banu, Jehad Banu and Sajon Banu who inherited said .93 acre land who thereafter, transferred .6175 acre land by registered deed of sale No. 19350 dated 24.08.1976 in favour of the parents of the plaintiffs namely Abul Kashem and Hasina Khatun. Hason Banu transferred .2124 acre land to Hasina Khatun vide registered sale deed No. 16392 dated 06.06.1977 and while the parents of the plaintiffs were owning and possessing their purchased land, mutated their names in the concerned Revenue Office of the Government. Thereafter, the Government through the Deputy Commissioner, Dhaka acquired .12 acre land vide L.A Case No. 32/1988- 89 for construction of embankment for protection of Dhaka City. After acquisition of .12 acre land the rest .71 acre land remained under ownership and possession of Abul Kashem and Hasina Khatun and during Dhaka City Survey said .71 acre land was recorded in Dhaka City Jarip Khatian No. 31 in Plot No. 301/383. Hasina Khatun then transferred .02 acre land by registered sale deed No. 3149 dated 30.05.1989 to Abul Basher who, thereafter, transferred the same by registered heba-bil-ewaj deed No. 6066 dated 26.09.1994 to plaintiff No.1 and handed over possession thereof to him. Hasina Khatun on 23.11.2000 transferred .21 acre land to plaintiff No. 1 by registered heba-bil-ewaj deed No. 6999, .04 acre land to plaintiff No. 2 vide heba- bil-ewaj deed No. 6998, .04 acre land to plaintiff No.3 vide heba-bil- ewaj deed No. 7000 and .0463 acre land vide heba-bil-ewaj deed No. 7001 in favour of plaintiff No. 4 and handed over possession thereof to them and after transfer of said land Hasina Khatun remained in ownership and possession of .1050 acre land and then died on 09.04.2001 leaving behind husband Abul Kashem and plaintiff Nos. 1-4 as one son and three daughters and accordingly .1050 acre land was inherited by the plaintiffs and their father in accordance with Mahomedan Law of Inheritance. In the aforesaid way Abul Kashem became owner in possession of .2663 acre land, plaintiff No.1 become owner in possession of .2650 acre land, plaintiff No.2 become owner in possession of .0575 acre land, plaintiff No.3 bec