IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

First Appeal No. 362 of 2018

In the matter of:

Divisional Forest Officer, Dhaka and others.

Present ....Appellants. Mr. Justice Mamnoon Rahman -Vs-

And Md. Imran Ahmed and others.

Mr. Justice Khizir Hayat ...Respondents.

Mr. Mohammad Taifoor Kabir, DAG

…For the appellants.

Ms. Fatema S. Chowdhury, Adv.

…For the respondents.

Heard &Judgment on: The 3rd February, 2020 Mamnoon Rahman,J:

This appeal is directed against the judgment and decree dated 15.01.2015 passed by the Joint District Judge, 1st Court, Gazipur in Title Suit No. 60 of 2005.

The short facts relevant for the disposal of this appeal, is that, the appellant as plaintiffs filed the suit for declaration of title alleging inter- alia that Jamidar of Muktagacha estate was the owner of 73.43 acres of land relates to C.S. Plot No. 33 under the Sreepur Police Station, Gazipur. The C.S. record was in the name of the said Jamidar. Subsequently, in the year 1951 by gezate notification the land was vested as forest land. By operation of the East Bengal State Acquisition and Tenancy Act 1950 all the properties of the Jamidars under the District Dhaka in Gazipur were acquired and vested with the government. Subsequently, S.A. record was

prepared in the name of the forest and the R.S. record was also and they are in the possession. Thereafter, on 31.03.1985 the said land was declared as reserved forest. After the publication of the L.R. in the year 1956 the Jamidars as well as private persons lost all rights over the said properties. At the time of preparation of R.S. record the C.S. was divided into 27 R.S. out of which 12 were recorded in the name of forest but 42.51 acres in separate R.S. records were recorded in the name of the defendants and their predecessors in interest. Subsequently, on 29.04.2005 the plaintiffs came to know that the defendants are erecting pillar and on query it reveals that they are the R.S. recorded tenant of the suit properties and subsequently obtaining the certified copy and filed the suit.

The respondent defendant Nos. 1-3, 17-25, 58, 26-28, 52, 53, 55, 56, 4-16, 31-33, 62 and 63 contested the suit by filing separate written statement denying all the materials allegation made in the plaint. The case of the defendant Nos. 1-3, 17-25, 58 are that the original owner of the suit property was Jubedali Molla and two others. On 15.12.1964 sold 2.45 acres land to Abdul Kader and Abdul Barek vide registered deed. Son of Jubedali Abdul Hekim on 11.03.1967 sold 70 decimals of land to Abdul Hamid and Kitabjan. Subsequently, Abdul Hamid, Abdur Rashid, Momtajuddin, Kitab Jan and Raimon Bewa on 07.4.1983 sold 2.21 acres of land to the defendant No. 3 and his brothers. Defendant No. 3 and others on 06.10.2004 sold 10.5 and half acres of land to defendant Nos. 1 and 2 relates to Plot No. 33. The defendant Nos. 1 and 2 being the owner of the property enjoying the same by mutation and paying rent and also erected factory and by specific boundary wall.

The case of the defendant Nos. 26-28 and 52-56 are that the land belongs to the Jamidar of Muktagacha and the said Jamidar gave Pattan to Yakub Ali and Abdul Khaleque amounting to 8.54 acres of land and they are enjoying the same by Hukumnama also the father of the defendant Nos. 26 and 27 obtained a hukumnama in the year 1344 relates to 12 acres of land. The case of the defendant Nos. 4-16 and 31-33 are that the owner of the Muktagacha Jamidar and on the application of Jobed Ali for pattan the same was granted so far it relates to 20.24 and 4.78 acres of land. That the heirs of Jobed Ali Mollah namely Abdul Hakim enjoying the property relates to 16.79 acres of land. The case of the defendant Nos. 62 and 63 are that Nayeb Ali, Jobed Ali and Mozaffar Ali got the property by way of pattan in the year 1919 and they have separate khatians and also the C.S. Record 118/20 and 118/35 was recorded correctly. Also the R