Bench:

Mr. Justice Bhishmadev Chakrabortty And

Mr. Justice Md. Akhtaruzzaman

First Appeal No. 643 of 2000

Ainali Kha and others …..appellants

-Versus-

Government of Bangladesh and others

..... respondents

Mr. Abdul Hye Fakir with

Mr. Md. Towhidul Islam, Advocates

…..for appellants

Ms. Rahima Khatun, Deputy Attorney General with Ms. Farida Pervin Flora and Mr. Md. Ruhul Amin, Assistant Attorney Generals

..... for respondent No.4

Heard on 02.11.2023, 21.11.2023, 27.11.2023 and 09.01.2024

Judgment on 16.01.2024.

Md. Akhtaruzzaman, J.

The plaintiffs have preferred this appeal under section 96 of the Code of Civil Procedure (in short, the Code) challenging the judgment and decree dated 31.08.1999 passed by the learned Subordinate Judge, Court No. 2, Barishal in Title Suit No. 23 of 1996 dismissing the suit on contest.

Facts relevant for disposal of the present appeal, in brief, are that the present appellants being plaintiffs filed Title Suit No. 23 of 1996 before the Subordinate Judge, Court No. 2, Barishal praying for declaration of title over the suit land duly described in the schedule of the plaint contending, inter alia, that Titu Kha was the owner of 8 annas share in C.S