IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice S M Kuddus Zaman

CIVIL REVISION NO.5576 OF 2022

In the matter of:

An application under Section 115(1) of the Code of Civil Procedure.

And

Atufa Mollah and others

.... Petitioners

-Versus-

Md. Shofiqul Alam and others

.... Opposite parties

Mr. Md. Mosiul Alam, Advocate

.... For the petitioners.

Mr. Md. Mahabubur Rashid, Advocate

…. For the opposite party Nos.1-8.

Heard on 21.11.2024.

Judgment on 01.12.2024.

This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 05.09.2022 passed by the learned Senior District Judge, Jamalpur, in Other Appeal No.115 of 2021 disallowing the appeal and thereby affirming the judgment and decree dated 10.10.2021 passed by the learned Additional Assistant Judge, Jamalpur, in Other Class Suit No.82 of 2007 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper.

Facts in short are that petitioners as plaintiffs instituted above suit for declaration that order dated 29.06.2006 passed by the Additional District Commissioner (ADC) in Miscellaneous Case No.2(XIII)2005-

2006 modifying three land settlement cases of the plaintiffs by deducting 1.57 acres land is unlawful and not binding upon the plaintiff and for further declaration that judgment and decree dated 29.06.1990 passed by the learned Munsif in Title Suit No.179 of 1985 is unlawful and not binding upon the plaintiffs.

It was alleged that plaintiffs are landless peasant and they submitted three separate petitions to defendant No.9 for settlement of Government land and on conclusion of necessary inquiry disputed 2.9 acre land was given settlement to them by a three separate

Miscellaneous Cases being Nos.50681((XXIIII))0033--0044 , 51614((XXIIII))0033--0044 and

51625((XXIIII))0033--0044 for 99 years and on the direction of above defendant

plaintiffs executed separate registered kabuliyat deed Nos.18028, 18026 and 18031 dated 13.12.2003 and their names were mutated and separate khatians were prepared for each plaintiffs and they were paying rent to the Government and possessing above land peacefully.

Defendant Nos.1-8 did not have any right, title, interest and possession in above land and they obtained a collusive decree in Title Suit No.179 of 1985 on 22.08.1985 for 4.73 acre land. Pursuant to above judgment and decree the defendants did not acquire any title and possession in above land.

Above suit was contested by defendant Nos.1-6 by filing a joint written statement alleging that 4.96 acre land belonged to Muslem Uddin and Moharani Hemonto and the same was correctly recorded in C.S. Khatian Nos.582 and 127 and above Muslem Uddin surrendered his land of C.S. Khatian No.582 to Hemonto who became owner and possessor of 4.96 decimal land and gave settlement to Hasan Ali and Kashem Ali by a registered kabuliyat dated 26.09.1946. Above Kashem Ali transferred his 2.48 decimal land to the defendant and defendants are in peaceful possession in above land but above land was erroneously recorded in the name of the Government and the defendants filed Title Suit No.179 of 1985 in the Court of Munsif, Jamalpur and obtained a decree on 29.06.1990. Plaintiffs do not have any right, title, interest and possession in above land.

At trial plaintiffs examined 4 witnesses and defendants examined 3. Documents of the plaintiffs were marked as Exhibit Nos.1-4 and those of the defendants were marked as Exhibit Nos.’Ka’-‘Jha’.

On consideration of facts and circumstances of the case and evidence on record the learned Senior Assistant Judge dismissed the suit.

Being aggrieved by above judgment and decree of the trial Court plaintiffs preferred Other Class Appeal No.115 of 2021 to the learned District Judge, Jamalpur who dis