IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Appeal No. 113 of 2003 In the matter of:

Additional Deputy Commissioner (Revenue), Narail and another.

… Appellants

-Versus-

Due to the death of Shirana Begum her heirs: 1(a). Shaikh Shariful Alam (Tipu) and others.

…Respondents.

Mr. S. M. Munir, Additional Attorney General with

Mr. Arobindo Kumar Roy, DAG,

Mr. Mohammad Abbas Uddin and

Ms. Shamsun Nahar (Laizu), AAG

…For the appellant

Mr. Md. Hamidur Rahman, Advocate

…For the respondent nos. 1(a), 1(e), 1(f), 1(g) and 1(h)

Heard on 11.03.2024, 21.03.2024, 09.05.2024 and 16.05.2024.

Judgment on 15.07.2024.

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. 02 of 1997, this appeal is directed against the judgment and decree dated 28.09.2002 passed

by the learned Joint District Judge, 2nd Court, Narail in that Title Suit

dismissing the same.

The salient facts leading to preferring the appeal are:

The present appellants and two others as plaintiffs filed the aforesaid

suit seeking following reliefs:

“(L) Bl¢S h¢ZÑa j−a 1 ew ¢hh¡c£ h¡c£ qCu¡ h¡c£fr−L ¢hh¡c£ L¢lu¡ es¡Cm ¢h‘ j¤e−pg£ Bc¡m−a 176/73 ew declaration −j¡LŸj¡ L¢lu¡ Na Cw 27/11/73

a¡¢l−M HLfr p¤la l¡u Hhw Cw 22/12/73 a¡¢lM HLfr

p¤la ¢X¢œ² q¡¢pm L¢lu¡−Rez Eš² ¢X¢œ² a’L£, ®k¡Np¡Sp£, rja¡h¢qÑi¨a, AL¡kÑLl h¡c£l ¢eLV h¡dÉLl e¡ b¡L¡ ALjÑeÉ malafide Eq¡ void declare L¢lu¡ lc J l¢qa

L¢lh¡l ¢hh¡c£l ¢hl¦−Ü ¢X¢œ² ¢c−a j¢SÑ quz

13. Bc¡m−al eÉ¡u ¢hQ¡l Hhw Eiu f−rl ¢fË¢p¢Xw cª−ÖV h¡c£ AeÉ ®k, ®L¡e fË¢aL¡l f¡C−h ¢h−h¢Qa qC−m a¡q¡lJ ¢X¢œ² ¢c−a j¢SÑ quz
14. pjÙ¹ Bc¡ma hÉ¡u ¢hh¡c£NZ Hl ¢hl¦−Ü ¢Xœ²£ quz”

The case of the plaintiffs so figured in the plaint in brief are:

The lands appertaining to C.S. Plot Nos. 15, 727, 782, 13, 800 and

798 was originally belonged to one, Snehalota Biswas and others and subsequently S.A record was also prepared in their name. However, soon

after the partition of India and Pakistan in the year 1947 said Snehalota

Biswas left the country and embraced citizenship of India. Thereafter, in

the event of India-Pakistan war, the property so left by Snehalota Biswas at

first became the enemy property under the Defence of Pakistan Rules, 1965

and then vested property after our war of independence in 1971 and the government started enjoying title and possession over the suit property left by Snehalota Biswas by giving lease to different lessees. It has further been stated that, the defendant no. 2 who is the husband of the defendant no. 1, Most. Shirana Begum (since deceased) got several certificate cases filed and upon practicing fraud, purchased properties including the schedule land through auction sale in several certificate cases in the name of his wife, Shirana Begum. Subsequently, the government filed application under section 54 of the Public Demands Recovery Act, 1913 for setting aside the sales held through certificate cases which was allowed on contest against the certificate holders that is, the defendant no. 1 and the auction sales was ultimately set aside. Then, the defendant no. 1 filed a suit being Title Suit No. 84 of 1967 in the 2nd court of Munsif, Narail though the said suit was dismissed on 12.08.1967. Thereafter, the defendant no. 1 by challenging the order setting aside the certificate sales filed a suit being Title Suit No. 176 of 1973 before the then 2nd court of Munsif, Narail but without serving summons upon the defendants of the suit (different government apparatuses) and practicing fraud upon the court, the defendant no. 1 got an ex parte decree