IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Appeal No. 167 of 2003

In the matter of:

Nazim Uddin Miah and another

… Appellants

-Versus- Amzed Hossain Miah

…Respondent Mr. Mohammad Kamrul Hasan, Advocate

…For the appellants Mr. Md. Faruk Hossein, Advocate

....For the respondent

Heard on 15.08.2024 29.08.2024 05.09.2024 and Judgment on 05.09.2024

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Mozibur Rahman Miah, J.

At the instance of the plaintiffs in Title Suit No. 217 of 1998, this appeal is directed against the judgment and decree dated 27.01.2003 passed by the learned Joint District Judge, 4th court, Dhaka in the said Suit dismissing the same.

The short facts leading to preferring this appeal are:

The present appellants as plaintiffs filed the aforesaid suit for declaration of tile in respect of 62 decimals of land and that of the declaration to the effect that, the registered sale deed bearing no. 26081/76 dated 01.11.1976 through which the defendant got the suit property from one, Amzad Hossain is illegal, inoperative and not binding upon the said

plaintiffs stating inter alia that, the suit land so have been described in schedule no. 1 originally belonged to one, Abdul Jalil Miah who had one son and 2 daughters namely, Siraj Uddn and Amena Begum and Sahela Begum Siraj Uddin Miah died before his father’s death leaving behind 2 son namely, the plaintiffs and 3 daughters, Sahera Begum and others. Subsequently, Abdul Jalil Miah by 2 separate deeds of heba dated 25.07.1972 and 26.07.1972 transferred 3.42 ‰ acres of land including the suit land in favour of the plaintiffs though the plaintiffs were minors at the time of transferring the said property when their mother took delivery of possession on their behalf of the property transferred and after they attain major they started possessing the suit property. Subsequently, the plaintiffs mutated their name for some of the purchased land property and kept on paying rent thereof. In the month of May, 1998 when land survey was started in the area, the defendant, Amzad Hossain disclosed that, he got the suit property in the year 1976 vide registered sale deed and claimed the suit property mentioned in schedule no. 1. Subsequently, after obtaining certified copy of the sale deed dated 29.05.1972, the plaintiffs came to learn about the alleged transfer and filed the suit.

On the contrary, the present respondent no. 1, Amzad Hossain Miah as defendant no. 1 contested the suit by filing a written statement denying all the material averment so made in the plaint contending inter alia that, while Abdul Jalil Miah had been enjoying title and possession over the suit property, he offered to sale the same and a deed of sale was then executed on 29.05.1972 at a consideration of taka 1,000/- and on that very date of executing the sale deed, Abdul Jalil Mia, that is the maternal grandfather of the defendant handed over possession of the suit land in his favour. But afterward, as the said vendor, Abdul Jalil Miah was attacked with different ailments he could not go to registry office register the sale deed and after recovery since he declined to register the sale deed, and as 4 months already elapsed since the date of execution, then the recipient, Amzad Hossain on 21.09.1972 prayed to the District register to register the sale deed and after completion of all the formalities, as provided in section 74 of the Registration Act, gat a sale deed registered by Abdul Jalil on 01.11.1976. Afterwards, as said Abdul Jalil threatened to dispossess the defendant no. 1 from the suit land, he then filed a suit being Title Suit No. 670 of 1978 for permanent injunction where the present appellant no. 1 was made as defendant no. 2 in the said suit. It has further been stated in the written statement tha