Bench:

Mr. Justice Bhishmadev Chakrabortty And

Mr. Justice Md. Akhtaruzzaman

First Appeal No. 125 of 2020

Government of the People’s Republic of Bangladesh and others

.....defendant-appellants -Versus-

Imam Uddin and others

.....plaintiffs- respondents

Ms. Rahima Khatun, Deputy Attorney General with

Mr. Md. Ruhul Amin and

Ms. Farida Pervin Flora, Assistant Attorney Generals

…..for the defendant-appellants

Mr. Md. Delwar Hossain with

Mr. A.Z.M. Fariduzaman, Advocates

..... for respondent Nos. 1-11.

Heard on: 25.01.2024 Judgment on: 11.02.2024.

Md. Akhtaruzzaman, J.

This first appeal under section 96 of the Code of Civil Procedure (in short, the Code) is directed against the judgment and decree dated 04.11.2018 and 11.11.2018 respectively passed by the learned Joint District Judge, 2nd Court, Gazipur in Title Suit No. 203 of 2013 decreeing the suit on contest.

Facts relevant for disposal of the instant appeal, in short, are that the respondents being plaintiffs filed Title Suit No. 203 of 2013 before the learned Joint District Judge, 2nd Court, Gazipur praying for declaration of title in the suit land duly described in the schedule of the plaint contending, inter alia, that the suit land of Mouza Boro Deura, Police Station-Tongi

under District-Gazipur appertaining to CS khatian No. B , SA khatian

339

No.1 (amended 551), CS and SA plot No. 66, RS khatian No. 22, RS plot No.85 with an area of 1.03 acres of land originally belonged to Zaminder

Kumar Rabindra Narayan. After the death of the Zaminder it was vested to Bhawal Court of Wards wherefrom the predecessors-in-interest of the plaintiffs namely, Akmal Khan, Ahammad Khan and Hekmat Khan upon

paying salami obtained possession of the land and CS Khatian No. B was

339

accordingly prepared in their names. They paid rents of the land upto 1361 BS. During SA operation, the land was wrongly recorded as khas property and, as such, they failed to realize rent of the same. Akmal Khan died leaving behind 2(two) sons, namely, Abdul Hamid Khan and Sobhan Khan. Thereafter, Ahmed Ali Khan died leaving behind 4(four) sons, namely, Amin Uddin Khan, Iman Ali Khan, Aman Uddin Khan and Saman Uddin Khan. During RS operation, RS khatian No. 22 in respect of disputed property was prepared in the names of Hekmat Khan @ Hekom Khan, Amin Uddin Khan, Iman Ali Khan, Aman Uddin Khan, Saman Uddin Khan, Abdul Hamid Khan and Sobhan Khan. Subsequently, on 25.01.1975 Sobhan Khan and Abdul Hamid Khan vide kabala deed No. 1242 and Hekmat Ali Khan vide registered deed No. 2945 dated 13.03.1969 transferred their respective shares of RS plot No. 66 in favour of Md. Amin Uddin, Md. Iman Uddin, Md. Aman Uddin and Md. Saman Uddin. Thereafter, by a registered partition deed No. 5073 dated 12.11.1984 Iman Uddin got 65.50 decimals and Amin Uddin Khan obtained 37.50 decimals of land. Then Md. Amin Uddin gifted the said 37.50 decimals of land to his 2(two) sons, namely, Md. Zumman and Md. Rafiqul Hasan vide Hiba-Bil- Ewaz deed No. 5228 dated 09.10.1994. The predecessors-in-interest of the plaintiffs Amin Uddin Khan and others went to local Tahasil office for paying rents of the disputed property. The Tahasilder refused to accept the

tax disclosing that the SA khatian of the land was prepared in the name of the government against which they filed Misc. Case No. 16B/77-78 before the ADC (Rev.), Dhaka, Gazipur. This case was disposed of on 27.10.1977. Being failed to correct the volume of SA record on the basis of order passed in the above miscellaneous case, they on 25.07.2011 again filed Misc. Case No. 57 of 2011 before the ADC (Rev.) Gazipur which was disposed of on 18.03.2013. The ADC (Rev.) advised the plaintiffs to seek redress before the competent civil Court. The erroneous SA khatian had clouded the title of the plaintiffs and, as such, they filed the instant suit.

Defendant Nos. 1-3, the government, contested the suit by filing a written statement contending that the suit land is the property of the government.