Present:

Mr Justice Mohammad Ullah

Civil Revision No.2447 of 2016

Jobeda Khatun

Plaintiff-respondent no.1-petitioner

-Vs-

Shamsul Islam and others

Defendant nos. 10, 11, 13 appellant-opposite-parties

Mrs Tasmia Prodhan, Advocate

….For the petitioner Mr Md. Rafiqul Islam with

Mr Md. Motiur Rahman, Advocates ….For the opposite-parties

Heard on 20.06.2023,16.07.2023, 17.07.2023,26.07.2023

and 31.07.2023

Judgment on 02.08.2023.

On an application under section 115(1) of the Code of Civil Procedure, 1908, at the instance of the plaintiff-respondent no.1- petitioner, a Rule was issued calling upon the defendant-appellant-opposite-party nos. 1-3 to show cause as to why the impugned judgment and decree dated 31.05.2016 passed by the learned Additional District Judge, Nilphamari in Other Appeal No. 20 of 2014 allowing the appeal reversing the judgment and decree dated 19.03.2014 passed by the learned Assistant Judge, Dimla, Nilphamari in Other Suit No.41 of 2010 decreeing the suit should not be set aside and/or why such other or further order or orders

as to this Court may seem fit and proper shall not be passed.

At the time of issuance of the Rule on 08.08.2016, the parties were directed to maintain status in respect of possession and position of the suit land initially for 6(six) months. Subsequently, on 29.01.2018, the period of status quo was extended till the disposal of the Rule.

Shortly stated, the facts relevant to the disposal of the Rule are as follows:

The petitioner Jobeda Khatun, as plaintiff, instituted Other Class Suit No. 41 of 2010 in the Court of Assistant Judge, Dimla, Nilphamari,

seeking a decree for partition in respect of 22 decimal of land out of 75 decimal as described in the schedule to the plaint. It has been stated in the plaint that Azimuddin, the husband of the plaintiff and others, was the Korfa tenant under the landlords Ramgopal Mehesree and Gongagal Mehesree. The C.S Khatian No. 999 was prepared in the name of Azimuddin and others. S.A. Khatian No. 1209 was prepared and published in the name of said Azimuddin and others regarding 75 decimal land appertaining to S.A. Plot Nos.7903, 9704, 7911, and 7921. Azimuddin transferred the said 75

decimal of land to his first wife, Alima Khatun (defendant no. 9), and second wife, Jobeda Khatun (plaintiff), by a registered heba deed No. 9245 dated 23.09.1986. By dent of the registered heba deed, the plaintiff (second wife) became owner and possessor of 37.50 decimal of land. The remaining 37.50 decimal of land goes to his first wife (defendant no. 9). The plaintiff transferred 14 decimal of land to other