IN THE SUPREME COURT OF BANDLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Badruzzaman.

And

Mr. Justice Sashanka Shekhar Sarkar

First Misc Appeal No. 80 of 2021.

With

Civil Rule No. 117 (F.M) of 2021

Md. Alamgir Hossain.

...Appellant.

-Versus-

Md. Mansur Ali and others

....Respondents. Mr. Sharif Ahmed, Advocate

… For the appellant

Mr. Monsur Habib, Advocate

… For the respondent No. 1

Heard on: 15.01.2024, 21.01.2024.

Judgment on: 22.01.2024,

Md. Badruzzaman, J:

This Appeal is directed against an order dated 06.12.2020 passed by learned Joint District Judge, 1st Court, Rangpur in Other Class Suit No.

87 of 2020 allowing an application for appointment of Receiver filed by the plaintiff under rule 1 of Order XL of the Code of Civil Procedure.

Upon an application for stay this Court vide order dated 11.02.2021 issued Rule and stayed operation of the impugned order for

a period of 06 (six) months and the Rule has registered as Civil Rule No. 117 (F.M) of 2021.

Since the miscellaneous appeal and civil rule are connected with each other those have been heard together and now are being disposed

of by this common judgment.

Facts, relevant for the purpose of disposal of the appeal and civil rule, are that opposite party No. 1 as plaintiff instituted Other Class Suit No. 87 of 2020 in the 1st Court of Joint District Judge, Rangpur for a decree of declaration of title to and recovery of khas possession of .07 acre land as described in Schedule-Kha of the plaint contending, inter alia, that the plaintiff is the owner of the suit land by registered sale deed from which he was forcefully dispossessed by the defendants on 11.05.2020 and after taking possession, the defendants have erected a hut and is running tea business therein. Thereafter, the plaintiff filed an application for temporary injunction restraining the defendants from constructing pathway or changing the nature and character of the suit land. The petitioner as defendant No. 1 contested the application for injunction by filing written objection contending, inter alia, that he is owning and possessing the suit land by way of registered heba-bil-ewaj deed being No. 6495 dated 10.04.2011 and by way of inheritance and mutated his name in respect of the suit land and paying rents thereof and after erecting a tin shed hut therein rented the same as Motor Workshop in one part and installed a Tea Stall in another part and he is possessing the same by running business therein. There is a pathway of 8 feet wide beside the suit land and the defendant also prepared to install a container measuring 4 feet x 40 feet x 8 feet for reservation of live fish. The plaintiff has no title to or possession in the suit land and he is not entitled to injunction as prayed for. The Court below, after hearing the parties vide order dated 03.09.2020 rejected the application for temporary injunction having found no prima facie title to or possession in the suit land in favour of the plaintiff. The plaintiff did not challenge the order of the trial Court before any higher forum rather he filed an application for appointment of Receiver under Order XL rule 1 of the Code of Civil Procedure contending that if a Receiver is not appointed the defendant would change the nature and character of

the suit land and he would be benefited and law and order situation would be deteriorated. The defendant filed written objection against the application for appointment of Receiver contending that since the defendant is owning and possessing the suit land, there is no scope under law to appoint Receiver to deprive him of his enjoyment in the suit property.

The trial Court, upon hearing the parties, allowed the application for appointment of Receiver by order dated 06.12.2020 against which this appeal has preferred by defendant No. 1.

Plaintiff-respondent No. 1 has entered appearance by filing Voklatnama to contest the appeal and the Rule. He also filed counter- affidavit