IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Moinul Islam Chowdhury

Civil Revision No. 3012 of 2002

Naya Mia Sikder and another

--- The defendant Nos.2 and 3 respondent- petitioners

=Versus=

1(ka) A. Rahim and others

--- The defendant No.1 opposite-parties

Mr. Sabya Sachi Mondal, Advocate

----- For the petitioners. Mr. Md. Shahidul Islam with

Mr. M. Riaz Hossain Sikder and

Ms. Naharin Begum, Advocates

----- For the opposite-parties.

Heard on 02.02.2017 and Judgment on 06.03.2017

At the instance of the present defendant Nos.2 & 3-respondent- petitioners, Naya Mia Sikder and another, this Rule has been issued calling upon the opposite-party Nos. 1(ka)-7 to show cause as to why the judgment and decree dated 28.04.2002 passed by the Joint District Judge, 2nd Court, Jhalakati in Title Appeal No.111 of 1993 reversing the judgment and decree dated 01.08.1993 passed in Title Suit No.92 of 1990 by the Assistant Judge, Nalchity should not be set aside.

The relevant facts for disposal of the Rule, inter alia, are that the present opposite-party Nos.1-7 as the plaintiffs filed the Title Suit No.92

of 1999 in the Court of the learned Senior Assistant Judge, Nalchity for declaration of title by way of inheritance regarding the land described in the plaint as schedule ‘ka’ property.

The plaint case is that 46 1 decimals of land appertaining to R.S.

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khatian No.527 corresponding to S.A. khatian No.567 in Dag Nos.2621, 2611, 2614 2621 and 2592 of Mouja kotwali, G.L 84 within P.S.

3751

Nalchity, District-Jhalakati is the suit land. The land in C.S. khebot No. 328 measuring 4.98 acres was auction sold in a rent suit in favour of one Khadem Ali Sikder because of the khajna default. The property was again put on auction sale through the Rent Suit No.295 of 1932 in favour of one Upendra Nath Paul. After purchasing the land said Upendra settled the land in favour of Dulal Uddin @ Afsar Ali, Yeasin, Muslem Uddin on 12 Baisak 1343 B.S. through executing a kabuliot nama in their favour. They subsequently settled some portions of land and the suit land remained in their own possession. The said Dalil Uddin @ Afsar died leaving behind his wife Joygun Bibi and brother Yeasin and Moslem Uddin as he did have any child from his marriage. The said widow Joygun Bibi married one Azim Uddin Mredah wherein there were sons and 2 daughters who jointly sold 16 decimals of land on 20.02.1982 in favour of the plaintiff No.7. The plaintiff Nos.1 & 2 were legal heirs of Moslem Uddin and the plaintiff Nos.3-6 are the legal heirs of the said deceased Yeasin, therefore, they have ownership by way of purchase and inheritance of the suit land but the land was recorded in the name of one Charag Ali illegally.

The suit has been contested by the defendant Nos.2 & 3 by filing a written statement contending inter alia that the suit land mentioned in the plaint was owned by Tofayel, Akkel, Ayenuddin, Imam Uddin, Amir Hossain and Abul Hossain and the C.S. record of right as khotian No.328 of Mouja Katakhali was published in their names. The aforenamed Amir Hossain and Ismail died leaving behind no children, therefore, their full brother Abul Hossain as the full brother got 1 share

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of land. Abul Hossain died leaving behind 4 sons namely Dalil Uddin, Yeasin, Moslem Uddin and Wahajuddin. Daliluddin died leaving behind only wife and 2 brothers and he had no children from his marriage. Wahajuddin died leaving behind only son Charag Ali and the record of right in R.S. and S.A. khatians was published as khatian Nos.527 and 567 respectively.

The said Charag Ali sold 24 decimals of land to his wife on 18.06.1962 who sold the same land to the defendant Nos.2 & 3. The said Charag Ali and Moslemuddin sold 43 decimals of land on 23.04.1957 to one Insan Ali Sikder, who thereafter sold to the suit land to the father of the plaintiffs on 18.04.1962. The said Yeasin died leaving behind his wife Johura Bibi who sold 10 de