IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Badruzzaman.

Civil Revision No. 605 of 2008.

Taj Mohammad and others

...Petitioners.

-Versus-

Alta Miah and others

....Opposite parties. Ms. Urmee Rahman, Advocate with

Mr. Tabarak Hussain, Advocate.

...For the petitioners. Mr. Md. Khaled Ahmed, Advocate with Mr. Md. Habibur Rahman, Advocate.

...For opposite party No. 8

Heard on: 23.11.23, 13.12.2023 and 19.02.2024.

Judgment on: 20.02.2024.

This Rule was issued calling upon opposite parties No. 1-9 to show cause as to why judgment and decree dated 04.10.2007 passed by Joint District Judge, 2nd Court, Moulavibazar in Title Appeal No. 33 of 2002 analogously with Cross Objection No. 1 of 2002 dismissing the appeal and Cross-objection by affirming judgment and decree dated 20.02.2002 passed by learned Assistant Judge, Rajnagar, Moulvibazar in Title Suit No. 2 of 1997 dismissing the suit should not be set aside.

Facts relevant, for the purpose of disposal of this Rule, are that the father of petitioner Nos. 1-8 and petitioner No. 9 as plaintiffs instituted Title Suit No. 2 of 1997 against the opposite parties for a decree of declaration of title to .52 acre of land of S.A Plot Nos. 123, 124 and 138 of S.A Khatian Nos. 131 and 52 of Mouza- Adinabad, Police Station- Rajnagar, District-Moulvibazar, contending, inter alia, that the suit land was originally owned and possessed by Anis Ullah, Mofiz Ullah and Hafiz Ullah who vide registered sale deed No. 1698 dated 15.04.1953 transferred 0.68 acre land including the suit land

in favour of Monfar Ullah, Arab Ullah, Taimus Ullah and Muslim Ullah and S.A Khatian Nos. 131 and 52 were prepared and finally published in their names. While Monfar Ullah and three others were owning and possessing their purchased land, they transferred .28 acre land

by registered sale deed No. 2670 dated 27.10.1962 in favour of plaintiff No. 1, Sakir Mohammad and Kadir Mohammad and handed over possession thereof to them. They also transferred .2450 acre land to Tara Miah by registered sale deed No. 2419 dated 28.05.1962 and .08 acre land to Alta Miah by registered sale deed No. 1716 dated 20.03.1976 and handed over possession thereof to them. While Tara Miah was owning and possessing his purchased land, he transferred 0.30 acre land by registered sale deed No. 3902 dated 05.09.1993 in favour of Sijil Miah, who thereafter, transferred the same to plaintiff No. 1 by registered sale deed No. 2744 dated 06.06.1995. On the other hand, Alta Miah transferred .08 acre land

to plaintiff No. 2, Bhanu Bibi by registered sale deed No. 3155 dated 13.06.1979 and handed over possession thereof to her. In the aforesaid way, the plaintiffs became owners in possession of total .52 acre of land of S.A Plot Nos. 123, 124 and 138 and have been owning and possessing the same by irrigation and planting various trees thereon. The defendants have or had no right, title or interest in the suit property but during recent survey, a portion of land was wrongly recorded in the names of some of the defendants without having any title to or possession in the suit land. Since the defendants, on the basis of wrong record-of-rights in the recent survey claimed title to the suit land, the plaintiffs have been constrained to institute the present suit for declaration of title.

Defendant Nos. 2, 4, 5, 7, 9-11, 16 and 17 filed joint written statements to contest the suit, denying the material averments of

the plaint stating, inter alia, that the suit was not maintainable in its present form; that the suit was barred by limitation and that the plaintiffs had/have no right, title or interest in the suit land and the suit has been filed by suppression of facts. Their positive case was that originally the suit property belonged to Akhil Mohammad who died leaving behind three sons namely, Anis Ullah, Mufez Ullah, Hafez Ullah and one daughter Sokina Bibi and while they were owning and p