Present:

Mr. Justice Md. Salim

CIVIL REVISION NO.2563 OF 2019.

Bimal Sardar @ Munda and others

..................... Defendant-Petitioners.

-VERSUS-

Alhaj Sheikh Md. Wazed Ali and others

............Plaintiff-Opposite Parties.

Mr. Al Faishal Shiddique, Advocate

.............. For the Petitioner. No one appears

....... For the Opposite Parties.

Heard on 28.10.2024 and 05.11.2024.

Judgment on 11.11.2024.

By this Rule, the opposite parties were called upon to show cause as to why the impugned judgment and decree dated 14.07.2019 passed by Additional District Judge, 1st Court, Khulna in Title Appeal No.26 of 2017, allowing the appeal and reversing the judgment and decree dated 06.11.2016 passed by the Senior Assistant Judge, Koyra, Khulna in Title Suit No.69 of 2014 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Facts relevant in brief for disposal of the Rule are that the opposite parties, as plaintiffs, instituted Title Suit No.69

of 2014 before the Assistant Judge, Koyra, Khulna, for a permanent injunction contending inter-alia that the land measuring 0.22 acres of S.A. Plot No.2371 appertaining to S.A. Khatian No.544 of Mouza Uttar Bedkashi under Police Station Koyra, District Khulna belonged to Gopinath Sardar; that Gopinath Sarder sold out said land in favor of Suratun Nessa, the predecessor of the plaintiffs through registered sale deed bearing No. 2068, dated 09.04.1970; that Suratun Nessa died leaving plaintiffs as her hairs and successor in interest; that on 04.07.2014 the defendants threatened plaintiffs to dispossess them from the suit land and hence the suit.

The defendants 1-4 contested the suit by filing a set of written statement contending inter-alia that the suit land measuring 0.22 acres of S. A. plot No. 2371 appertaining to S. A. Khatian No. 544 of Mouza-Uttar Bedkashi under Police Station- Koyra within District-Khulna belonged to Gopinath Sardar; that Gopinath Sarder sold out 0.12 acres of land out of said 0.22 acres in favor of Bimal Sardar @ Munda (defendant No. 1) and Nirmal Chandra Kuli through registered sale deed No. 7951, dated 10.09.1977; that Gopinath Sardar also sold out 0.11 acres of land out of said 0.22 acres in favor of Bimal Sardar @ Munda (defendant No. 1) and Nirmal Chandra Kuli through registered sale deed

dated 31.03.1979; that said Nirmal Chandra Kuli sold out his said purchased land measuring 9.852 decimals in favor of Rukshini Dasi through registrate deed No. 3786, dated 03.04.1982; that Rukshini Dasi transferred said land, i.e., 9.852 in favor of defendant No. 1 by way of gift through registered deed No. 697, dated 20.12.1997; that the latest record of right has been prepared and published in the name of the defendant No. 1; that said Gopinath Sardar never sold out the suit land in favor of Suratun Nessa and the deed in favor of said Suratun Nessa is forged and fabricated one; that the plaintiffs have no title and possession in the suit land and the defendants never threatened them to dispossess from the suit land and thus the suit is liable to be dismissed.

During the trial, the Senior Assistant Judge framed necessary issues.

Subsequently, the learned Senior Assistant Judge, Koyra, Khulna, dismissed the suit by the judgment and decree dated 06.11.2016.

Being aggrieved, the plaintiff, as appellant, preferred Title Appeal No.26 of 2017 before District Judge Khulna. Eventually, the learned Additional District Judge, 1st Court, Khulna, by the judgment and decree dated 14.07.2019, allowed the appeal after setting aside the judgment and decree passed by the trial Court.

Being aggrieved, the defendant-respondent as petitioner filed an application under section 115 (1) of the Code of Civil Procedure before this Court and obtained the instant Rule.

Mr. Al Faishal Shiddique, the learned