Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No.1658 of 2008

Mozidul Haque and others

……………Petitioners. -Versus-

Mst. Najrin Begum and others

………….Opposite parties.

None appears.

……….For the petitioners. Mr. Md. Abdur Rouf, Advocate.

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

Heard and Judgment on 12.06.2024.

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 11.02.2008 passed by the Joint District Judge, 2nd Court, Chapainawabganj in Title Appeal No. 09 of 2006 reversing those dated 28.09.2005 passed by the Senior Assistant Judge, (In Charge), Nachole, Chapainawabgonj in Other Class Suit No. 54 of 1995 dismissing the suit should not be set aside.

Opposite Party Nos. 1-8 as plaintiff filed Other Class Suit No. 54 of 1995 in the Court of Assistant Judge, Nachole,

Chapainawabgonj against the petitioners and the government for permanent injunction.

Plaint Case in short, inter-alia, is that the schedule land along with non-suited land described in the plaint was recorded in Khatian No. 2 in the name of Bajendra Mohan Moitro Gopikul Moitro and from whom Afsar Ali, Amena Khatun and Jahanara Khatun took settlement in the year of 1352 B.S at a jama of taka 16. They got physical possession of this settle land. Afsar Ali and others paid rent to the Jamindar. Afsar Ali and others for convenience of possession of the land filed a Suit. In that suit the land lord and Govt. are the parties and this suit was ultimately compromised in term of solenama and the plaintiff paid rent after mutation of their names. Afsar Ali and others being in need of money sold the same on 14.01.1976 to Abdul Khaleque, father of plaintiff Nos. 1-4. Subsequently Abdul Khaleque transferred these land by register kabla in favour of plaintiff Nos. 1-4. One of the co-sharer Jahanara Khatun sold some land out of his sharer to Afsar Ali and Amena Khatun. Subsequently on 12.11.1976 by registered sale deed, 2.67 acres of land was sold in favour of Amena Khatun and Afsar Ali. Afsar Ali and Amena Khatun executed a Power of Attorney in favour of Doctor Azad Ali, on 11.11.77. Azad Ali on the strength of that power of Attorney executed registered a kabala in favour of Hazara Khatun on 02.05.1985. Hazara Khatun subsequently for convenience of possession exchanged her land of Plot No. 185 and 186 with Plot No. 118 and 119 with Alhaj Nasiruddin and executed a registered deed of exchange. Afsar Ali also transferred some land to Azad Ali by registered deed. Plaintiffs are thus in possession in the suit land. As the defendant gave threat of dispossession from the schedule land, plaintiff filed the suit for permanent injunction against the defendant.

Defendant Nos. 1-9 contested the suit by filing written statement denying the plaint case alleging inter-alia that suit land is the khas land of the Govt. who got it from the ex-landlord as excess land and the S.A. and R.S. record were correctly prepared in the name of the Govt. of Bangladesh. Defendants are the members of the Nachole Varandi landless Somabaya Samity. They took lease of 1.06 acres of land with tank and it’s bank of current plot No. 132 and old Plot No. 79. Along with the tanks, defendant took two more tanks of current Plot No. 245 and 55 and they are rearing fishes all these tanks. In order to grab the Govt. khas land plaintiff has created some collusive document and filed this false suit old Plot No. 227 and current plot no. 157 is pond. Defendant took lease the same from the Nachole Union Parishad. Old plot no. 118 and current plot No. 371, there is a pond covering .67 acre. Defendants also taken lease of those ponds from the Union Parishad. Old Plot No. 17 and 16 are also khas land of the Govt. in which defendant No. 9 Robi Karmoker along with 08 others have been living by constructing house. These persons are necessary party of the suit. Other person, who took lease from Nachole Union Parishad from Plot No. 157 and 371 ar