In the Supreme Court of Bangladesh High Court Division

(Civil Revisional Jurisdiction)

Present:

Mr. Justice Muhammad Abdul Hafiz CIVIL REVISION NO. 1446 OF 2012

Md. Moti Miah being dead his legal heirs:

1. Sajeda Begum and others Defendants-Respondents-Petitioners

Versus

Md. Moinal Kazi and others Plaintiffs-Appellants-Opposite Parties

Mr. Rehan Hosain, Advocate

for the Defendants-Respondents-Petitioners

Mr. Moinuddin, Advocate

for the Plaintiffs-Appellants-Opposite Party Nos. 1-7

Judgment on: 28.8.2023 This Rule was issued calling upon the opposite party Nos. 1-

7 to show cause as to why the impugned Judgment and Decree dated 14.3.2012 passed by the learned Joint District Judge, 2nd

Court, Tangail in Other Class Appeal No. 127 of 2011 allowing the appeal and thereby reversing the Judgment and Decree dated 28.7.2011 passed by the learned Senior Assistant Judge, Mirzapur, Tangail in Partition Suit No. 67 of 2003 dismissing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

The predecessor of the present opposite parties No. 1- 7 namely Tomser Kazi as plaintiffs instituted the Partition Suit No.

67 of 2003 in the Court of the learned Assistant Judge, Mirzapur, Tangail against the petitioners and opposite party Nos. 8-25 impleading them as defendant Nos. 1-19 praying for partition of the 127.5 decimal of land out of 2.12 acres of land. During pendency of the suit the plainitiff Tomser Kazi died leaving behind 3 sons and 4 daughters and they were substituted as plaintiff Nos. 1(Ka)- 1(Cha).

The plaintiff ’s Case, in short, is that the suit land is situated

under Vabkhondo Mouza which is recorded as District Settlement Khatian No. 83 and jote was recorded in the name of Loshkor Kazi and possession was recorded in the name of Haran Kazi- 6 Anna, Jabbar Kazi- 6 Anna, Aymon Nesa- 1 Anna, Jamiron Nesa- 1 Anna, Moniron Nesa- 1 Anna, Ofaton Nesa- 1 Anna and in this way in total 2.12 acres of land was recorded in the name of Loshkor Kazi who died leaving behind three sons namely Haran Kazi, Jabbar Kazi and Boku Kazi. The name of Boku Kazi was not recorded in Khatian No. 83 but the names of the daughters of Boku Kazi were properly recorded in that khatian. By this way, Haran Kazi and Jabbar Kazi separately got 79.5 decimals of land and each daughter of Boku Kazi got 13.25 decimals. Accordingly 4 daughters of Boku Kazi sold 53 decimals of land in their life time. Haran Kazi died leaving behind two sons namely Nalu Kazi & Uzir Kazi as his legal heirs as such they got 79.5 decimals of land. Nalu Kazi and Uzir Kazi separately got 39.75 decimals of land from their father; thereafter Nalu Kazi died without any issue as such his brother Uzir Kazi as only heir of Nalu Kazi got his share; Accordingly Uzir Kazi got in total 79.5 decimals of land in his life time and had been owning and possessing of the said land and he died leaving behind one wife namely Hameda Khatun, one son Tomser Kazi and two daughters namely Bachaton Nesa and

7 Amena Khatun; Wife of Uzir Kazi namely Hameda got 916

decimals, son namely Tomser Kazi got 35 decimals of land and daughters namely Bacheton and Amena, each got 17.5 decimals of land; Wife of Uzir Kazi namely Hameda purchased 12 decimals of

land on 29.10.1946 from plot No. 64672 by registered deed No. 4092

from Jabbar Kazi, the co-sharer of the said jote; Hameda Khatun by way of inheritance and by way of purchase became owner of

7

2116 decimals of land; Hameda Khatun died leaving behind one

son namely Tomser and two daughters namely Bachaton and

Amena; Tomser Kazi got 102332 decimals, Bachaton got 52634

23

decimals and Amena got 564 decimals of land from their mother;

1 by this way plaintiff namely Tomser Kazi from his father got 396

decimals and 3916 decimals from his brother; Nalu Kazi got 102332

1

decimals from his mother and in total got 8912 decimals of land;

Bachaton Nesa and Amena from their father and mother got 45.5 decimals of lan