Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No. 522 of 2008

Most. Foyzunnesa being dead her heirs 1(a) Md. Enamul Haq and others

……………Petitioners.

-Versus-

Md. Abdul Mozid being dead his heirs 1(a) Rezaul Alom (Khasru) and others

…….Opposite parties.

Mr. Tapash Kumar Biswas, Advocate

…….For the petitioners.

Mr. Mohammad Eunus, Advocate

…….. For the opposite parties.

Mr. Md. Harunur Rashid, Advocate with Mr. Md. Abdur Rashid, Advocate

.. For the opposite party Nos.9-12.

Heard and judgment on 16th October, 2023. A.K.M.Asaduzzaman,J.

This rule was issued calling upon the opposite parties to

show cause as to why the impugned judgment and decree dated 27.08.2007 passed by the Special District Judge, Patuakhali in

Title Appeal No. 217 of 1999 reversing those dated 23.08.1999 passed by the then Subordinate Judge, 2nd Court, Patuakhali in Title Suit No. 18 of 1994 decreeing the suit in part should not be set aside.

Petitioner as plaintiff filed Title Suit No. 18 of 1994 before the Court of the then Subordinate Judge, 2nd Court, Patuakhali

against the opposite parties for partition in respect of 9.3212

decimals of land.

Plaint case in short, inter alia, is that A. Halim was the owner in C.S. Khatian No.17 of Bauphal Mouza of Patuakhali District, who died leaving behind 5 sons named Abdul Jobbar, Abdul Mannan, Din Mohammad, Abdus Sattar and Kofil Uddin, who were also the owners of C.S. khebot Nos. 6, 7 and 8. Halim also left behind 2 daughters named Jobeda Khatun and Azizunnesa. Abdul Jobbar then died leaving behind his brothers and sisters. Mannan got 1 anna 4 gonda and died leaving behind wife Zobeda, 2 sons Abdul Khalek and Abdul Lotif and 2 daughters Anjuman and Setara Begum. Zobeda died leaving behind 2 sons and 2 daughters. Abdul Khalek died leaving behind

defendant Nos. 7-11. Anjuman died leaving behind defendant Nos. 5-6. Jobeda Khatun got 1 anna 12 gonda from father Halim and made a gift in favour of defendant No.12 and thus after her death her husband Wadul Kazi got nothing and defendant Nos. 13- 16 as such acquired nothing being successors to Wadul Kazi. Din Mohammad died leaving behind wife Fakrunnesa and son defendant Nos. 1-2. Fakrunnesa died leaving behind defendant Nos. 1-2. Sattar died leaving behind wife defendant No.4, daughter defendant No.3, brother Kofiluddin and sister Azizunnesa. Azizunnesa died leaving behind son defendant No.17 and daughters defendant Nos. 18-20. Azizunnesa got 13 gonda 1 kora 1 kranti from brothers Jobbar and Sattar and made a gift in favour of another brother Kofil. Thus plaintiff No.1 acquired 1 anna 13 gonda 1 kora 1 kranti from C.S. khebot 17.

It is further alleged that Jobeda transferred her share from C.S. Khebot Nos. 6, 7, 8 by way of gift infavour of 4 brothers Mannan, Din, Sattar and Kafil. Azizunnesa got 5 anna 14 gonda, 1 kora 12 till from each of the C.S. Khebot Nos. 6, 7, 8 and made a gift of the same in favour of brother Kofil Uddin. Kofiluddin had been in possession in his land acquired from C.S. Khebot Nos.

17/6-8 by creating homestead, digging pond, planting trees and by cultivating upon payment of rents. Kofiluddin made oral gift of his entire land in favour of his wife Salma Khatun and daughter plaintiff No. 1. Salma Khatun transferred her .80 acre in favour of daughter and son-in-law plaintiff Nos. 1-2 by registered heba-bil- awaz deed dated 15.05.1964. Thus plaintiffs acquired the entire land lift by Kofiluddin. There is problem in joint possession and in paying rent with other co- sharers. Defendants denied partition on 31st Joishtho, 1396. Hence the suit is filed for partition on 27.07.1989.

Defendant Nos. 1, 41-42, defendant Nos. 5,8,11, defendant No.2 and defendant No.12 contested the suit by filing four sets of separate written statements denying the plaint case.

According to defendant Nos. 1, 41-42, the land of C.S. Khebot No. 17 was recorded in S.A. khatian No. 152 in which Kofil got 1 anna 4 gonda and Nurjahan