Present:-

Mr. Justice Mahmudul Hoque

Civil Revision No. 770 of 2013

Abdul Salam and others

... Petitioners -Versus-

People’s Republic of Bangladesh, represented by Additional Deputy Commissioner (ADC) (Revenue), Narsingdi and others

...Opposite-parties Mr. Rafiqul Islam Sohel, Advocate

...For the petitioners

Mr. Apurba Kumar Bhattacharjee, DAG with

Mr. Md. Kamal Haider, AAG and

Mr. Md. Faruk Hossain, AAG

...For the opposite-parties-Government.

Heard on 18.02.24, 20.02.2024 and Judgment on 22nd February, 2024.

In this application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 27.08.2012 passed by the learned Joint District Judge, 1st Court, Narsingdi in Title Appeal No. 84 of 2003 allowing the appeal and setting aside the judgment and decree dated 07.07.2002 passed by the learned Assistant Judge, Belabo, Narsingdi in Title Suit No. 14 of 2001 decreeing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Shorn of unnecessary details, fact of the case lies in a very narrow compus. The petitioners, as plaintiff, filed Title Suit No. 14 of 2001 in the Court of Assistant Judge, Belabo, Narsingdi against the present opposite-parties, as defendant, for declaration of title, stating that the property under C.S. Khatian No. 19, Plot No. 4 along with other non suited property measuring 5·86 acres covering total 9 plots originally belonged to Sheikh Masud Hossain and Sheikh Abu. Sheikh Masud Hossain got 45 decimals of land in the suit plot who died leaving 2 sons Sarafat Ali and Rajab Ali, only daughter Namuna Bibi. S.A. Khatian prepared correctly in their names. Namuna Bibi died leaving husband Abdul Barik, two sons Aminul Huq and Abdul Huq and daughter Zobeda Khatun. Sarafat Ali and others got the property partitioned by a Registered Deed of Partition No. 3124 dated 22.02.1968 and by partition, Sarafat Ali and Rajab Ali got 45 decimals of land from Suit Plot No. 4 and Sarafat Ali got the land under dispute, measuring 25 decimals in his share. Rajab Ali got 20 decimals land in the plot. Sheikh Abu died leaving 2 sons, A. Gofur and A. Sobhan. S.A. Khatian No. 64 stands recorded in their names. Sarafat Ali was in possession and enjoyment of 25 decimals of land on the eastern side of the suit plot and died leaving wife Banesha Bibi, 5 sons, A. Razzak, A. Hoq, A. Hashim, A. Hanif and plaintiff No. 1 and daughter Rajater Nesa. Five sons of Sarafat Ali got the property amicably partitioned among them and each of 5 sons equally got 5 decimals of land in the suit plot. A. Razzak and A.

3 Hoq sold their 10 sataks of land to A. Hamid and A. Hashim sold 14

sataks out of 5 decimals to A. Hamid and rest 314 decimals land to

plaintiff Nos. 2-4, sons of plaintiff No. 1, A. Salam. In the manner

1

aforesaid the plaintiffs acquired title in 84 decimals, whereon they

constructed one storied building comprising two rooms measuring 25x16 feet and planted trees surrounding the building.

On 24.02.2001 when plaintiff No. 1 went to get the name mutated in the khatian came to know that 25 decimals of land including the suit land measuring 8·25 decimals wrongly recorded in the name of the government as Plot No. 43 under Khatian No. 1. It is also stated that C.S. plot number corresponds to R. S. Plot Nos. 44, 48 and 43. Out of 3 plots, Plot No. 44 and 48 rightly recorded in the name of other co-sharers of the plaintiff, but Plot No. 43 measuring 25 sataks under R.S. Khatian No. 1 wrongly recorded in the name of the government treating the said property as khas land, which has created cloud over the title of the plaintiff, hence, the present suit for declaration.

The government, as defendant Nos. 1-3, contested the suit by filing written statement denying all the material allegations made in the plaint, contending inter alia that 25 decimals of land of C.S. Plot No