Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No. 1262 of 2021

With

Civil Revision No. 1263 of 2021

Md. Mizanur Rahman and others …………… For the petitioners.

-Versus-

Kazi Kamrul Bari and others

.…. For the opposite parties in C.R. No. 1262 of 2021.

Mst. Farida Begum and others

.…. For the opposite parties in C.R. No. 1263 of 2021.

Mr. Bibek Chandra, Advocate

.........For the petitioners.

None appears.

.........For the Opposite parties. Heard and judgment on 9th May, 2024.

A.K.M.Asaduzzaman,J.

These two rules arising out of the same judgment and decree dated 13.01.2021 passed by the Additional District Judge,

2nd Court, Jhenaidah in Title Appeal No. 102 and 104 of 2014 reversing those dated 14.09.2014 passed by the Senior Assistant Judge, Jhenaidah Sadar, Jhenaidah in Title Suit No. 169 of 1996 decreeing the suit.

Petitioner predecessor, the predecessor of the opposite party Nos. 28 to 44 as plaintiffs filed Title Suit No. 169 of 1996 for declaration of title before the Court of Senior Assistant Judge, Jhenaidah Sadar, Jhenaidah.

Plaint case in short, inter alia, is that the land of C.S. Khatian No. 70 belonged to Vazon Mondal and the land of C.S. Khatian Nos. 108 and 149 belonged to Tapati Bibi and the C.S. record was correct. Tapati Bibi failed to pay tax and handed over the land of C.S. Khatian No. 108 and 149 to Vazon Mondal and since then Vazon Mondal was the owner of the whole land. Vazon Mondal died leaving his only daughter as heir namely Vogiron Nessa. She died leaving her legal heirs husband namely Khelafat Lashker, 3 sons namely Ismail Hossain (plaintiff No.1), Hanef Ali Lashker and Sabder Lashker and 2 daughters namely Sayera and Rabyea Khatun (plaintiff No.2). Khelafat died leaving the aforesaid heirs. Sayera Khatun died leaving her legal heirs,

plaintiff Nos. 12-18. Sabder Lashker died leaving his heirs, plaintiff Nos. 10-11. Hanef Lashker died leaving his heirs as the plaintiff Nos. 3-9. The plaintiffs are possessing their land through plaintiff No.1. On 15.11.1995 the defendant Nos.1 and 2 denied the title of the suit land and showed their name in the S.A. record. By searching the plaintiff No.1 came to know that the suit land is recorded in the S.A. Khatian in the name of the defendant Nos. 3- 5 and hence the suit of the Plaintiffs.

The father of the opposite party Nos. 5-9 Khorshed Ali Sheikh being the defendant No.1 contested the suit by filing written statement denying the plaint case alleging, inter alia, that the land of C.S. Khatian No. 70 belonged to Vazon Mondal and the land of C.S. Khatian Nos. 108 and 149 belonged to Tapati Bibi and the C.S. record was correct. Tapati Bibi failed to pay tax and handed over the land of C.S. Khatian No. 108 and 149 to Vazon Mondal and since then Vazon Mondal became the owner of the whole land. Vazon Mondal died leaving his only daughter as his heir namely Vogiran Nessa. Vogiran Nessa transferred the half portion of the suit land to Saberan Begum. When she was possessing the suit land, on 03.08.1956 Vagiron Nessa and Saberan Begum transferred the suit land to the defendant No.1 namely Md. Khorshed Ali Sheikh, Md. Makbul Hossain and Md. Fakir Mohammad. They were in possession on the suit land and their names were recorded in the S.A. Khatian No. 157. On 21.02.1966 Makbul Hossain transferred 92 decimals of land to the defendant Nos. 1 and 2 i.e. the predecessors of the contested defendant respondent-opposite party Nos. 5-15 and on 28.07.1961 Fakir Mohammad transferred 92 decimals of land to the defendant No. 1 (to the defendant No. 2 byname) vide two separate Kabla Deeds in this way the defendant Nos.1 and 2 are in possession on the suit land. The plaintiffs have no right in the suit land and hence the suit is liable to be dismissed.

By the judgment and decree dated 23.02.2000 the Assistant Judge, Jhenaidah dismissed the suit on contest.

Challenging the said judgment and decree plaintiff preferred Title Appeal No. 52 of 2000 before the Court of District J