Present:

Mr. Justice Md. Kamrul Hossain Mollah

Civil Revision No.4804 of 2014

IN THE MATTER OF:

An application under Section 115 (1) of the Code of Civil Procedure

- AND -

IN THE MATTER OF:

Md. Salahuddin

….Plaintiff -petitioner -Versus –

The Deputy Commission, Dhaka and others

...Defendant-Opposite Parties Mr. Sirajul Islam Bhuiyan, Advocate with

Mr. Hasibul Islam Bhuiyan, Advocate

…. For the petitioner Mrs. Umme Masumun Nesa, A.A.G

……For the Opposite-Parties

Heard on 16.10.2023 and Judgment on 17.10.2023

Md. Kamrul Hossain Mollah, J:

On an application by the petitioners, under section 115(1) of the

Code of Civil Procedure, this Rule was issued in the following terms:

Let a Rule be issued calling upon the opposite parties to show cause as to why the judgment and decree dated 11.05.2014 (decree signed on 22.05.2014) passed by the learned Additional District Judge, 8th Court, Dhaka in Title Appeal No.100 of 2011 dismissing the said appeal and thereby affirming the judgment and decree dated 21.09.2010 (decree signed on 29.09.2010) passed by the learned Senior Assistant Judge, Dhamrai Court, Dhaka in Title Suit No.2152 of 2008 dismissing the suit should not be set aside and or pass such other order or further order or orders as to this Court may seem fit and proper.

At the time of issuance of the Rule this Court directed the parties to maintain status-quo in respect of possession and position of the suit land for a period of 06(six) months.

Facts necessary for disposal of the Rule, in short are that, 0.03 acres of land out of C.S. plot No.102 recorded in C.S. Khatian No.1 of Mouja Zinjira under P.S. Keraniganj, District, Dhaka along with other lands of other plots were the land under Touji No.8345 of Dhaka Collectorate. One Hajee Hafez Mohammad Hossian was the superior landlord of the said touji and the aforesaid lands were the khas khamar land of the said Hajee Hafez Mohammad Hossain. The aforesaid land with other land were duly and correctly recorded into the name of said Hajee Hafez Mohammad Hossain in C.S. Khatian No.1 of Mouja Jinzira. After C.S. operation Hajee Hafez Mohammad Hossain while owning and possessing the aforesaid land and other lands died leaving Ahmad Hossain and Mobarak Hossain as his two sons, Shahar Banu and Meher Banu as two daughters and Hasna Banu as his wife to inherit the aforesaid property as his heirs and successors. After the death of Hajee Hafez Mohammad Hossain there was an amicable partition among the aforesaid heirs of the property which was left out by him. By such amicable partition .0125 acres of land along with chouchala tin hut out of the C.S. plot No.102 along with other lands of other plots in cluded exclusive saham of Meher Banu and she used to possess the same. Meher Banu while was owner in possession of .0125 acres of land along with chouchala tin hut of C.S. plot No.102 she transferred the same in favour of Hajee Naser @ Hajee Kalachand Miah, the father of the plaintiff vide registered saf kabala No.2091 dated 20.08.1985 for valuable consideration and put Hajee Naser @ Hajee Kalachand Mia into possession. Hajee Naser @ Hajee Kalachand Mia while was owner in possession of the aforesaid land by purchase, as sixteen annas owner’s he constructed five storied building thereon. Meher Banu although was owner and possessing of the aforesaid land previously, but her name was not recorded in S.A. operation due to a bona fide mistake the said S.A. record was wrongly prepared in the name of the defendant No.1 in S.A. khatian No.1 and R.S. khatian was also prepared accordingly following the S.A. khatian and as such both S.A. and R.S. khatians were palpably wrong. Hajee Naser @ Hajee Kalachand Mia while was owner and in possession of the said land by purchase from Meher Banu, he tried to mutate his name in the record of rights for the purpose of payment of rent but the officers and staffs of the Tahshil office refused either to mutate his name or to receive rent from him on the plea. S.A. a