Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No. 5200 of 2022

Md. Golam Mostofa and others

………… Petitioners. -Versus-

Abdul Haque and others

……….Opposite parties.

Mr. Abul Kashem Bhuiya, Adv. with. Mr. Kawsar Mahmud, Advocate

………For the petitioners.

Mr. Syed Mahmudul Ahsan, Adv.

Mr. Mohammad Shahidul Islam, Adv.

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

Heard on 13th December, 2023

Judgment on 9th June, 2024. A.K.M.Asaduzzaman,J.

This rule was issued calling upon the opposite party to show cause as to why the judgment and decree dated 19.09.2022 passed

by the Additional District Judge, Pirojpur in Title Appeal No. 94 of 2014 allowing the appeal after setting aside the judgment and decree dated 10.08.2014 passed by the Assistant Judge, Mathbaria, Pirojpur in Title Suit No. 123 of 1999 decreeing the suit in part should not be set aside.

Petitioner as plaintiff filed the above suit initially for partition subsequently by way of amendment he prayed for declaration of title and for partition against the opposite parties.

Plaint case in short, inter alia, is that the land in question as described in schedule ‘ka’ of the district Pirojpur, Upazila- Mathbaria, Porgona_Sayedpur, Touzi No. 4991, Mouza No. 3501, Sapleza, under the estate of landlord Edward Pari Kasper. Riyat Mujahar Howlader and others got the settlement by Amolnama No.11 in 1277 B.C. at the annual rent 109 Ana. at C.S. Plot No. 1098 area of land 4.78 decimals. After settlement Khobir Uddin Chowkider becomes the owner of the said 4.78 decimals land by recording his name in R.S. khatian No. 792, 793, 794, 795 and 796 at R.S. plot No. 2019, 2022, 2021 corresponding to C.S. Plot No. 1098 under Supleza Mouza, J.L. No. 54. Thereafter Khobir Uddin transferred 1.98 decimals of land to late Abul Hashem, the

predecessor of the petitioners by registered Kaem Kossha deed on 18.10.1949 from the R.S. Plot No. 2020 corresponding to C.S. Plot No. 1098. Khobir Uddin Mortgaged the whole 4.78 decimals of land to the Mathbaria co-operative Bank. In default of payment of loan, the bank sold that land in auction and the bank itself purchased that auction and whose name was recorded in S.A. khatian in plot No. 2020. Thereafter the bank executed a no objection deed in favour of Khobir Uddin on 07.02.1958 and registered on 08.02.1988 after receiving the loan money. Though the bank’s name was recorded in plot No. 2020, it was not amended as per non-objection deed and the bank was not in possession of the said land. The predecessor of the petitioners were enjoying the possession of the land. Sonamuddin was the owner of 89 decimals of land at the ratio of 4 anna in R.S. khatian No. 795. At the demise of that Sonamuddin, the predecessor of the petitioners inherits 25.50 decimals of land and Joyful also inherits 12.17 decimals of land among, which joyful bequeathed 6.50 decimal lands to the petitioner No.1. Hence the petitioners jointly owned 210 decimals of land. Abul Hashem the predecessor of the petitioners instituted Title Suit No. 395 of 1982 praying for declaration of title against the predecessors of the opposite parties in the learned court of Assistant Judge, Mathbaria, Pirojpur and in that suit the predecessor of the opposite parties came to a compromise admitting the title of Abul Hashem, the predecessor of the petitioners and as the predecessor of the opposite parties did not interrupt in peaceful possession it was not submitted before the court and the court dismissed the Title Suit being No. 395 of 1982 for default.

Opposite party as defendant contested the suit by filing written statement denying the plaint case alleging, inter alia, that 8.05 acres of land from C.S. plot No. 1098 was belonged to Khabir Uddin Chowkider, who obtained loan from Mathbaria Cooperative Bank by mortgaging the said property. But subsequently when he failed to pay the loan money, said property was auction purchased by the said bank. R.S. khatian No. 792 was rightly been recorded in the name of