IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice S M Kuddus Zaman

CIVIL REVISION NO. 308 OF 2003

In the matter of:

An application under Section 115 of the Code of Civil Procedure.

And

Hiron Banu

... Petitioner

-Versus-

Md. Hasan Ali Prodhan and another

... Opposite parties

None appears

.... For the petitioner.

Mr. Sk. Sharifuddin, Advocate

…. For the opposite party No.1. Heard and Judgment on 27.08.2024.

This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 15.09.2002 passed by the learned Joint District Judge, Narayangonj in Title appeal No.88 of 1992 disallowing the appeal and affirming the judgment and decree dated 30.09.1992 passed by the learned Senior Assistant Judge, 2nd Court, Narayangonj in Title Suit No.87 of 1990 dismissing 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.

Facts in short are that the petitioner as plaintiff instituted above suit for declaration of title for 8 decimal land appertaining to plot

No.440 as described in the schedule to the plaint and for a decree of mandatory injunction for removal of pacca wall and signboard erected by the defendant in above land and for further declaration that registered kabala deed dated 18.11.1957 and 20.12.1984 (Exhibit-Kha and Gha respectively) are forged and ineffective documents and those are not binding upon the plaintiff.

It was alleged that 11 decimals land of plot No.440 belonged to Monai Matbbar and his three nephews and on amicable partition above land was possessed by Imam Uddin, Main Uddin and Rahim Uddin and pursuant to amicable settlement above land was possessed by Rahim Uddin alone who died leaving three sons namely Afiz Uddin, Mofiz Uddin and Yeaz Uddin and three daughters and by amicable partition Amiz Uddin alone possessed above land. Above Afiz Uddin died leaving four sons and three daughters and by amicable partition Almas Mollah a son of Afiz Uddin and husband of the plaintiff alone possessed above land. The Government acquired 4 decimal land of the disputed plot and Almas Mollah transferred disputed 8 decimals land to the plaintiff by a deed of Heba-bil-ewaz. Plaintiff was in possession in above land but during pendency of this suit the defendant forcibly dispossessed the plaintiff by erecting a pacca wall and signboard. Defendants claimed to have purchased above land from Musa Fakir and Rabeya who were heirs of Afil Uddin by a registered deed kabala dated 18.11.1957 (Exhibit No.Ga) but above is a forged document.

Defendant No.1 contested the suit by filing written statement alleging that by exchange with the C.S. recorded tenants 11 decimals land of the disputed plot was owned and possessed by Afil Uddin who died leaving behind one son Musa and one daughter Rabeya who transferred above land to Chand Miah by registered kabala deed dated 18.11.1957 (Exhibit No.Kha) and above Chand Miah transferred above land to his son Md. Hasan Ali Prodhan by registered kabala deed dated 20.12.1984 (Exhibit No.Uma). The R.S. and S.A. Khatians of the suit land were correctly recorded in the names of above Chand Miah and defendant No.1 Md. Hasan Ali Prodhan. Plaintiff did not have any right, title and possession in the disputed land.

At trial plaintiff examined three witnesses and defendant No.1 examined four witnesses. Documents produced and proved by the plaintiff were marked as Exhibit No.1 and those of the defendants were marked as Exhibit Nos.Ka – Uma.

On consideration of the facts and circumstances of the case and materials on record the learned Senior Assistant Judge dismissed the suit.

Being aggrieved by and dissatisfied with above judgment and decree plaintiff preferred Title Appeal No.88 of 1992 to the District Judge, Narayangonj which was heard by the learned Joint D