In the Supreme Court of Bangladesh High Court Division

(Civil Revisional Jurisdiction)

Present:

Mr. Justice Muhammad Abdul Hafiz Civil Revision No. 1145 of 2003

Ali Farid Defendant-Appellant-Petitioner

-Versus-

Md. Harun Rashid (Matawalli) and others Plaintiffs-Appellants-Opposite Parties

Mr. Sudipta Arjun, Advocate for the Petitioner

Mr. Abdul Barek Chowdhury, Advocate with

Mr. Md. Alamgir Kabir, Advocate Mr. Md. Sharif Uddin Ratan, Advocate for the Opposite Party No. 1

with

Civil Revision No. 304 of 2021

Ali Farid

Defendant No. 1-Appellant-Petitioner

-Versus-

Jhalopara Jame Masjid and others Plaintiffs-Respondents-Opposite Parties

Mr. Sudipta Arjun, Advocate for the Petitioner

Mr. Abdul Barek Chowdhury, Advocate with

Mr. Md. Alamgir Kabir, Advocate Mr. Md. Sharif Uddin Ratan, Advocate for the Opposite Parties

Judgment on: 14.3.2023

These two Rule have been arisen out of the same Judgment and Decree and were heard analogously and thus both the revisions are to be disposed of by one Judgment.

In Civil Revision No. 1145 of 2003 Rule was issued calling upon the opposite party Nos. 1-6 to show cause as to why the impugned Judgment and Decree dated 14.10.2002 passed by the learned Joint District Judge, Artha Rin Adalat, Sylhet in Title Appeal No. 129 of 1991 dismissing the appeal and thereby affirming the Judgment and Decree dated 27.3.1991 passed by the learned Senior Assistant Judge, Circuit Court, Sylhet in Title Suit No. 24 of 1990 decreed the suit in part should not be set aside and/ or such other or further order or orders passed as to this Court may seem fit and proper.

In Civil Revision No. 304 of 2021 Rule was issued calling upon the opposite party Nos. 1-27 to show cause as to why the impugned Judgment and Decree dated 14.10.2002 passed by the learned Joint District Judge, Artha Rin Adalat, Sylhet in Title Appeal No. 74 of 1991 allowing the appeal and thereby reversing the Judgment and Decree dated 27.3.1991 passed by the learned Senior Assistant Judge, Circuit Court, Sadar, Sylhet in Title Suit No. 24 of 1990 decreed the suit in part 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 opposite party Nos. 1, 18, 19 and predecessors of opposite party Nos. 2-17, 20-27 as plaintiffs in representative capacity filed Title Suit No. 24 of 1990 before the learned Senior Assistant Judge, Circuit Court, Sadar Sylhet, against the defendant- petitioner and others for declaration of title of Jhalopara Jame Masjid in respect of the suit second schedule land, confirmation of possession in respect of the suit third schedule land and recovery of khass possession of the suit fourth schedule land of the plaint by evicting defendant Nos. 1 to 4 therefrom.

The Case of the plaintiffs in brief is that the suit plot Nos. 1074 and 1075 belongs to Jhalopara Jame Masjid. In plot No. 1074 Masjid building and pond with pucca ghat is situated and in plot No. 1075 area 0.0468 acres of land Imam house and Masjid store is situated. In the 4th schedule land a house was built with the people’s subscription during British era in which cloth sewing works were done. Subsequently this house was transformed by Masjid Committee into a tin shade pucca wall house in which the father of defendant No. 1 Niamat Ullah used to work. Niamat Ullah died leaving behind minor defendant No. 1 and his wife. As the defendant No.1 and his mother prayed for permission to

continue work in the said 4th schedule house, the local elderly people permitted them to stay therein in the first part of 1940 with condition to vacate whenever Masjid committee demands. The defendant No. 5 served as a Motwalli of the plaintiff Masjid from 1950 to 1986 and he did not take any step although the suit second schedule land was wrongly recorded in the name of defendant No. 1. In the year 1986 the defendant No. 1 started to erect new wall in place of the old wall in suit premises by renovating the house thereon and he cla