IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

CIVIL REFERENCE NO. 02 OF 1991

In the matter of:

An application under Section 115(1) of the Code of Civil

Procedure.

AND

In the matter of:

Fakhrul Islam being dead his heirs1(a) Majeda Khatun and others

.... Petitioners -Versus-

Shamsul Huda Chowdhury being dead his heirs 1(a) Shafiqul Islam Chowdhury and others

....Opposite-parties None appears

... For the petitioners

Mr. Abdul Momen Chowdhury, senior Advocate with Mr. A.F.M. Hafizullah Bhuiyan, Advocate with

Mr. Md. Zakir Hossain Ripon, Advocate

....For the opposite party

Heard on 05.11.2024

and Judgment on 14.11.2024

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Mozibur Rahman Miah, J:

The predecessor of the decree holder in Other Class Execution Case No. 39 of 1986 namely, Shamsul Huda Chowdhury as plaintiff originally filed a suit being Other Class Suit No. 213 of 1966 in the court of the then

Munsif, Cox’s Bazar for declaration of title and recovery of khas possession in the suit land seeking following reliefs:

“(a) That the plaintiffs be given a decree for khas possession in the lands, houses etc, described in schedule “B” below by removing the unauthorized structure in schedule “c” below on the declaration of the plaintiffs title therein and against the defendants.

2. That the cost of the suit be decreed in favour

of the plaintiff and against the contesting defendant.

3. That the defendant be directed to removed the

unauthorized structure in schedule “C” at their own cost failing which the plaintiff be given the liberty to remove the same and to recover the cost thereof from the defendants.

4. That the plaintiff be given such other relief of

reliefs as he may be found entitled in the circumstances of the case.

5. That the plaintiff be permitted to recover

profits in a separate proceeding.

That suit was contested by the defendant nos. 1 and 2 and the same was ultimately dismissed on contest against them on 16.07.1969 and thereby a decree was drawn up on 22.07.1969 by the then learned Munsif, Cox’s Bazar.

The plaintiff then preferred an appeal before the learned District Judge, Chittagong being Title Appeal No. 368 of 1969. The said appeal

was on transfer heard by the learned Subordinate Judge, 3rd court, Chittagong and after hearing the parties, the said appeal was allowed and the judgment and decree passed by the learned Munsif, Cox’s Bazar was set aside though it was sent back on remand to the trial court for fresh trial directing the learned Munsif to give a chance to the plaintiff to get the land of schedule ‘B’ relayed on commission and after getting the report decide the suit in accordance with law.

After receiving the record on remand by the Munsif, the plaintiff was given chance for getting the suit land relayed on commission and thereby appointed a pleader commissioner for that purpose. Then the pleader commissioner upon giving notice to the parties to the suit, held local investigation and submitted his report on 02.09.1974 and the said report was accepted without any objection by the defendants. But ultimately the learned Munsif again dismissed the suit on 14.0