Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No.1321 of 2004

Idris Kha.

……………Petitioner. -Versus-

Abdul Gani Howlader being dead his legal heirs Hayatunnesa and others.

………….Opposite parties.

Mr. Rafiqul Islam (Hiru), advocate

……….For the petitioner.

Mr. Sk. Sharifuddin, Advocate.

.........For the Opposite parties.

Heard and Judgment on 03.07.2024. A.K.M.Asaduzzaman,J.

This Rule was issued calling upon the opposite parties to

show cause as to why the judgment and decree dated 17.01.2004 passed by the Joint District Judge, 2nd Court, Jhalakathi in Title Appeal No. 03 of 2002 reversing those dated 22.11.2001 passed by the Senior Assistant Judge, Jhalakathi in Title Suit No. 179 of 1993 dismissing the suit should not be set aside.

Opposite Parties as plaintiff filed Title Suit No. 179 of 1993 before the Court of Assistant Judge, Jhalakathi against the petitioner for declaration of title in respect of "Ka" schedule land and for setting aside the judgment and decree passed in Title Suit

No. 38 of 52 and Title Suit No. 106 of 56 as being collusive, null and void.

Plaint case in short, inter alia is that Chutu was owner and possessor of 21.29 decimals of land in C.S. Dag No.208/204/205/ 208/209/214 in C.S. Khatian No.1 of Khatian No. 1 of Kandergati Mouza No.2216 under district-Bakerganj at present P.S. Jhalakathi, District Jhalakathi. It is also stated that Foyjauddin was owner and possessor of 1.26 decimals of land in C.S. dag No.203/204/205/208/209/214 of Khatian No.2 in the same Mouza. Chutu was owner and possessor of 38 decimals of land in C.S. Dag No.40 in khatian No.24 of said Mouza. Fayjauddin died leaving behind only his sister Kiran Bibi wife of Chutu. Chutu and Keron Bibi died leaving behind their 03 sons Salamuddin, Ekamuddin and Imamuddin and daughter Nayton Bibi as heirs. Salamuddin died leaving behind his brother Ekamuddin and Iamanuddin and one sister Nayton as heirs, thereafter Nayton died leaving behind her two brothers Ekamuddin and Imamuddin as heirs in equal share. Ekamuddin died as owner and possessor 08(eight) annas land of C.S. Khatian No. 1/2/24 and his two sons Tajamuddin and plaintiff No.1 Abdul Gani and 4 daughters plaintiff Nos. 2-4 and Safura Bibi were his heirs. Safura Bibi died leaving behind her two sons plaintiff Nos.7 and three daughters plaintiff Nos.5/6 and Kulsum Bibi as heirs. Kulsun Bibi died

leaving behind only one son plaintiff No.9 as heir that Tajamuddin died leaving behind his brother plaintiff No.1 and three sisters plaintiff Nos.2-4 as heirs, on the same Imamuddin died as owner and possessor of 08(eight) annas land in C.S. Khatian No.1/2/24 and he left behind his three daughters plaintiff nos. 10-12 and his brother’s son plaintiff No.1 as heirs. Plaintiffs possessed the total property of C.S. Khatian No.1/2/24 and are living in the suit land.

It is also stated that C.S. Dag No. 203/204/205/208/ 209/214/40 are presently recorded as Dag No.215/213/212/210 /209/234/361 and the land measuring 2.56 decimals in R.S. Khatian No.1/8/29/6 and S.A. Khatian No.59/148/54/101/218 are wrongly recorded in the name of predecessor of the defendant and some portion are recorded in the name of predecessor of the plaintiffs but it was not recorded in real share so the said record is wrong. Abdul Oazed Kha, Mahammad Ali Mazed Ali and Gohar Kha, the predecessor of the defendants filed a Title Suit No.38 of 52 before the 3rd Munsif Adalat, Barisal in the name of Tajemuddin and the said suit was dismissed by Solenama on 12/4/52. It is also stated that actually Tajemuddin did not file any suit and he did not give any solenama, the heirs of Tajemuddin were not aware about the Title Suit No.38 of 52. Abdul Oazed Khan and others, the predecessor of the defendants filed Title Suit No. 106 of 56 before the 5th Munsif Adalat, Barisal against the Tajemuddin and others and obtained decree on 22/1/57 on fraud practice upon the court. Tajemuddin Howlader died before the said decree. The decree of