In the Supreme Court of Bangladesh High Court Division

(Civil Revisional Jurisdiction)

Present:

Mr. Justice Muhammad Abdul Hafiz

CIVIL REVISION NO. 3139 OF 2005

Md. Ali and others Defendants-Appellants-Petitioners

Versus

Anwara Begum and others Plaintiffs-Respondents-Opposite parties

No one appears

for the defendant-appellants-petitioners

Mr. Md. Saifur Rahman, Advocate

for the plaintiffs-respondents-opposite party Nos. 1-3, 5-6 and 14.

Judgment on 17.5.2022 This Rule was issued calling upon the opposite party Nos.

1-19 to show cause as to why the impugned Judgment and Decree dated 17.3.2005 passed by the learned Additional District Judge, 3rd Court, Chittagong in Other Appeal No. 13 of 1985 dismissing the Appeal and thereby affirming those dated 27.11.1984 passed by the learned Subordinate Judge now Joint District Judge, Patiya, Chittagong in Other Suit No. 35 of 1982 decreeing the suit 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 predecessor of the opposite party Nos. 1-6 namely Abdur Rashid as plaintiff No. 1 and the predecessor of the opposite party Nos. 7-14 namely Abdul Kader as plaintiff No. 2 instituted

present Suit on 21.6.1974 in the 2nd Court of learned Sub-ordinate Judge now Joint District Judge, Chittagong being Partition Suit No. 52 of 1974 for partition of the suit land and the said suit subsequently was transferred to the Court of Sub-ordinate Judge, Patiya now Joint District Judge, Chittagong wherein it was renumbered as Partition Suit No. 35 of 1985.

The facts of the plaintiff’s Case in short is that the suit land described in the Schedule Ka to the plaint originally belonged to Bakar Ali who died leaving Jan Ali and Mokbul Ali and both of them inherited the land in question left by Bakar Ali in equal share and C.S. Khatian was prepared in their names. The land of Schedule Kha belonged to Jan Ali alone and C.S. Khatian was prepared in his name correctly and during preparation of R.S. Khatian some of female heirs of Jan Ali and Mokbul Ali were left out and thereafter Jan Ali died leaving one wife Misirjan and two sons namely Ershad Ali and Ansar Ali and five daughters namely Jobeda Khatun, Amir Khatun, Mayur Jan, Safia Khatun and Abeda Khatun and Ansar Ali died leaving his mother Misir Jan and wife Hakimun Nessa and three sons namely Alauddin, Toraf Uddin and defendant No. 1 Siddique Ahamed and one daughter Moslema Khatun, defendant No. 2 Abeda Khatun thereafter died in unmarried status leaving behind mother Misirjan, one brother Ershad Ali and above mentioned 4 sisters and Jobeda Khatun died leaving mother Misir Jan and one son Ali Ahmed defendant No. 3 and thereafter Misir Jan died leaving son Erahad Ali and three daughters namely Amir Khatun, Mayur Jan and Safia Khatun and Ershad Ali died leaving one wife Sayera Khatun and two sons namely Abdur Rashid and Abdul Kader, plaintiff Nos. 1-2 and three daughters defendant Nos. 20-21 and Gulsona Khatun who died leaving mother Sayera Khatun and husband Lal Meah and two brothers and two sisters above mentioned and Sayera Khatun died leaving two sons plaintiffs Nos. 20-21 and Lal Meah died leaving defendant Nos. 16-19 and Amir Khatun died leaving behind one daughter defendant No. 4 and other heirs described in para 4 of the plaint and Alauddin son of Ansar Ali died leaving behind mother Hakima Nessa and two brothers Toras Uddin and defendant No. 1 and one sister defendant No. 2 and Toras Uddin died leaving mother Hakima Nessa and wife Madan Jan and one son Raja Mia and Raja Mia died leaving mother Madam Jan and defendant Nos. 1-2 who are the father’s brother and sister and Madan Jan remarried with the defendant No. 2 after the death of her husband Torab Uddin and later she died leaving defendant No. 1 as her husband and defendant Nos. 12-15 who are sons and thereafter Hakima Nessa widow of Ansar Ali died leaving son and daughter the defendant Nos. 1-2 respectively and in this way th