IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Mozibur Rahman Miah and

[

Mr. Justice Md. Bashir Ullah

Civil Revision No. 3690 of 2018

In the matter of:

An application under Section 115(1) of the Code of Civil Procedure, 1908

And

In the matter of:

Md. Emdadul Haque

---Defendant-Petitioner.

-Versus-

A.K.S.Mozibul Haque and others.

---Plaintiffs-Opposite parties.

Mr. Md. Modersher Ali Khan, Advocate

---For the petitioner. Mr. Md. Alamgir Mostafizur Rahman with Mr. Mohammad Rayhan Uddin, Advocates

--- For the opposite party Nos.1-2.

Heard on 30.07.2024

Judgment on: 31.07.2024

Md. Bashir Ullah, J

At the instance of the defendant no. 1 in Title Suit No. 89 of 2018 this rule was issued calling upon the opposite party nos. 1 and 2 to show cause as to why the judgment and order dated 18.10.2018 passed by the learned Joint District Judge, 4th Court, Dhaka in the said suit allowing an application of the plaintiffs directing the defendants to re-connect water, electricity and gas line in the scheduled property should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.

The short facts, relevant for the disposal of the instant rule are:

The 'Ka' schedule property so described in the plaint belonged to

one Md. Sirajul Haque and he constructed a four-storey building on the

suit land by taking loan from Bangladesh House Building Finance Corporation by mortgaging the said property. However, he died unmarried, leaving behind four brothers and one sister and accordingly

the plaintiffs nos. 1 and 2 and defendants nos. 1 and 2 and the mother of

defendant nos. 4 to 7 became owners in the scheduled land as heirs.

They have been enjoying possession of the suit land upon making

payment of the installments of the loan and other utility bills. The

plaintiffs approached the defendants nos.1 and 2 to make partition of the

land on 04.10.2017 but the defendant nos.1 and 2 did not pay any heed

to the same rather the defendant nos. 1 and 2 disclosed that Md. Sirajul

Haque transferred the 'Ka' scheduled property in their favour by a deed

of gift and that of defendant no.3 by an ''Oshiyat nama''. Having

informed, the plaintiff nos. 1 and 2 then obtained two registered deeds

vide Nos. 4356 dated 29.04.2015 and 142 dated 04.12.2014. Since, the

plaintiffs are the co-sharer in the suit land, they thus instituted the above

mentioned suit for partition and declaration that, deed Nos. 4356 dated 29.04.2015 and 141 dated 04.12.2015 are illegal, void and inoperative

seeking following reliefs:

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