Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No.4214 of 2016

Md. Salim Miah and others

……………Petitioners. -Versus-

Sathi Begum and others.

………….Opposite parties.

Mr. M. Mushfiqur Rahman, Advocte.

……….For the petitioners. None appears.

........For the Opposite party no. 1.

Heard and Judgment on 10.07.2024. A.K.M.Asaduzzaman,J.

This rule was issued calling upon the opposite party no. 1 to

show cause as to why judgment and decree dated 11.08.2016 passed by the District Judge, Narsingdi in Title Appeal No. 52 of 2015 affirming those dated 25.02.2015 passed by the Senior Assistant Judge, Narsingdi Sadar, Narsingdi in Title Suit No. 141 of 2011 dismissing the suit should not be set aside.

Petitioners as plaintiff filed Title Suit being No. 141 of 2011 before the Court of Assistant Judge, Narsingdi Sadar, Narsingdi for declaration of title and for further declaration that recording of S.A. and R.S. khatian were wrong.

Plaint Case in short inter-alia, is that, the original owners of the suit land in C. S. Plot No. 1 for 59 decimals of land were Sheikh Jabbor Ali, Sheikh Muksud Ali and Sheikh Mohobbot Ali and their names were finalized and correctly published in C. S. Record No. 9. Sheikh Muksud Ali being owner of 19.67 decimals of land in the disputed Plot died leaving behind 02 (two) sons namely, Suna Miah and Lal Miah as his legal heirs. Suna Miah being owner in the disputed plot died leaving behind his full brother Lal Miah and 01 (one) daughter namely, Hajera as his legal heirs. Lal Miah being owner of the suit land by inheritance died leaving behind 04 (four) sons namely, Rafiq, Mafiz Uddin, Jalal Uddin, Falu and 01 (one) daughter, namely, Romija as his legal heirs. Sheikh Mohobbot Ali being owner of 19.67 decimals of land in the disputed plot died leaving behind 03 (three) sons, namely, Razzak, Hekim and Modon Ali as his legal heirs. Razzak Miah being owner of the suit land by inheritance died leaving behind 05 (five) sons, namely, Manik Miah, Nurul Islam, Hanif Miah, Matin, Joynal and 03 (three) daughters namely, Abir Jan, Sayeda and Buri Bibi alias Hawa Bibi as his legal heirs. Hekim Miah being owner of the suit land by inheritance died leaving behind 02 (two) sons namely Musleh Uddin, Easob Ali and 02 (two) daughters namely Mewa Bibi and Abeda as his legal heirs. Modon Ali being owner of the suit land by inheritance died leaving behind his wife Jabeda, 02 (two) sons namely Shahjalal, Alauddin, and 05 (five) daughters namely Meherjan, Akhterer Nesa, Sufia, Anowara and Romija as his legal heirs. These heirs being owners in the disputed land filed a Title Suit for Partition Suit being No. 2 of 1993 and got a preliminary decree on 20.09.1995. In the said decree, Hajera as defendant No.17 obtained 6 decimals of land, Rafiq, Mafiz, Jalal Uddin, Faru and Rumi Begum as defendant Nos. 12-16 obtained 15.50 decimals of land, Musleh Uddin, Fasob Ali as defendant Nos. 1 and 2 obtained 4 decimals of land, Manik Miah, Nurul Islam, Hanif Miah, Matin, Joynal, Abir Jan, Sayeda and Buri Bibi alias Hawa Bibi as defendant Nos. 7(Ka)-7(Kha) obtained 5 decimals of land in the disputed Plot. Upon submission of the local investigation report by the learned Advocate Commissioner, the partition suit was finally decreed on 22.04.1996. After that, upon filing of the Execution Case being No. 1 of 1996 by the concerned plaintiffs, the said final decree was executed on 06.10.1996. Hajera, Hanif, Matin, Manik, Nurul Islam Nuru and Joynal being owners and possessors in the disputed plot by inheritance and by obtaining saham through the Title Suit No. 2 of 1993, transferred 10 decimals of land of Bikarkandi Mouja to Vikchan Miah and delivered possession by a registered ewaj-dalil vide No. 9145 dated 10.10.1999. It is to be noted that the said owners obtained

18. S. Plot No. 1/382 of R. S. Record No. 498 again, wrongly and incorrectly recorded in the name of Muhon Puddar, who has no title and possession of the suit land and in fact, the nam