Present:

Mr. Justice A.K.M. Asaduzzaman

Civil Revision No.3896 of 2012

Abul Kalam being dead his legal heirs Chan Banu and others.

……………Petitioners.

-Versus-

Government of Bangladesh and others. ………….Opposite parties.

Mr.Mohammad Eunus, Adv. With

Mr. Md. Jahangir Alam, Advocate.

……….For the petitioners. Mr. Md. Ensan Uddin Sheikh, D.A.G

With Mr. Md. Bulbul Haque

Chowdhury, Advocate. With

Mr. Mahmud Hasan, Adv.

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

Heard on 09.05.2024 and

Judgment on 13.05.2024. A.K.M.Asaduzzaman,J.

This Rule was issued calling upon the opposite party nos. 1-

28 to show cause as to why the judgment and decree dated 31.10.2012 passed by the Additional District Judge, Chapainawabgonj in Title Appeal No. 237 of 2007 affirming those dated 13.08.2007 passed by the Joint District Judge, 2nd Court,

Chapainawabgonj in Other Class Suit No. 11 of 2001 should not be set aside.

Opposite party no. 1 government as plaintiff filed the suit being Other Class Suit No. 11 of 2001 before the Court of Joint District Judge, 2nd Court, Chapainawabgonj against the petitioners for declaration of title in the suit land in respect of 47.14 acres of land as described in the schedule of the plaint.

Opposite Party Nos. 2-28 added in the suit as a plaintiff as leasee of the suit land.

Plaint case in short inter alia is that land described in the 'ka' schedule of the plaint of C.S. Khatian Nos. 1-3 of Mouza Pathar Jagodishpur, under Police station Gomastapur, District Chapainawabganj were vested upon the Government as excess land of the landlord. On the provisions of State Acquisition and Tenancy Act, while those were in Khas possession of Bhairabendro Narayan and others, who were the landlords of Tilashan Singabad. On the basis of allotment case P.R.R. Khatian Nos.1/21 prepared in the name of collector in favour of the then province of East Pakistan that accordingly C.A. roll was prepared and compensation was paid. 'Ka' schedule land was recorded in khas Khatian no.1, while it was possessing by the Government. At the time of S.A. operation Khatian No.1 separately prepared and

the authorities were confirmed that the land would be recorded in the name of the Government at final publication. While Government was in possession then Government settled 1.50 acres of land from plot no. 107 in the name of Durul Huda through Settlement Case no. 984 (XII) 79-80, 1.50acres of land in the name of Monirul Islam through Settlement Case no. 983(XII)79- 80, 1.50 acres of land in the name of Obaidullah through Settlement Case no. 988 (XII)/ 79-80 1.50 acres of land in the name of Abdul Mannan through Settlement Case no, 992 (XII)/79-80, 1.50 acres of land in the name of Laibuddin through Settlement Case no. 989 (XII) 79-80, 1.50 acres of land in the name of Farid Ali through Settlement Case no, 990 (XII) 79-80, 1.50 acres of land in the name of Insun Ali through Settlement Case no. 991 (XII)/79-80, 1.50 acres of land in the name of Jalaluddin through Settlement Case no. 985 (XII)/79-80, 1.50 acres of land in the name Saifuddin through Settlement Case no. 993 (XII)/79-80, 1.50 acres of land in the name of Sadrul Ullah through Settlement Case no. 1352 of 80-81, 1.50 acres of land in the name of Nurul Huda through Settlement Case no. 1352 (XII)80- 81, 1.50 acres of land in the name of Abdul Hannan through Settlement Case no. 1301 (XII)/ 80-81,1.50 acres of land in the name of Faizul through Settlement Case no. 1346 (XII)/ 80- 81, 1.00 acres of land in the name of Abdul Aziz through

Settlement Case no, 450 (XII) 81-82, 0.75 acres of land from plot No. 105 in the name of Gofuruddin through Settlement Case no. 449 (XII) 81-82, 1.50 acres of land in the name of Mazed Ali through Settlement Case no. 570 (XII) 79-80, 0.50 acres of land from plot No. 107 in the name of Afsar Ali through Settlement Case no. 36(XII) 79-80, 1.50 acres of land in the name of Samsul Huda through Settlement Case no. 385(XII)/ 80-81 1.50 acres of land in the name of Rabiul Haq