Bench:

Mr. Justice Bhishmadev Chakrabortty

Civil Revision No. 567(con) of 2022

Government of Bangladesh and others

..... petitioners -Versus-

Ahammad Ali and others ..... opposite parties

Ms. Rahima Khatun, Deputy Attorney General

with Mr. Ruhul Amin, Ms. Shahla Sharafat Nazad and Ms. Farida Parvin, Assistant Attorney Generals ..... for the petitioners

Mr. Md. Mesbahul Islam Asif, Advocate

..... for the opposite parties

Judgment on 06.06.2024

Bhishmadev Chakrabortty, J:

This rule was issued calling upon the opposite parties to show cause as to why the delay of 3299 days in filing the revisional application against the judgment and order of the District Judge, Gazipur passed on 16.06.2011 in Title Appeal No. 85 of 2011 dismissing the appeal being barred by limitation should not be condoned and/or such other or further order or orders passed to this Court may seem fit and proper.

Facts relevant for disposal of the rule, in brief, are that opposite parties 1-5 as plaintiffs instituted Title Suit No. 121 of 1999 in the Court of Assistant Judge, Shreepur, Gazipur for declaration of title in the suit land measuring an area of 1.66 acres as described in the schedule to the pliant. In the plaint they stated that Tonai Sheikh,

Fazar Ali Sheikh and Ayub Sheikh were the recorded tenants of the suit land. Tonai died leaving his 3 sons Hasen, Hossain and Abdul. Abdul sold out .70 acres through a kabala dated 08.01.1955 to plaintiffs 1-3 and handed over possession thereof. Mahar Ali died leaving his father and mother as heirs. Fazar Ali died leaving his only daughter Meherjan who sold her share to Soude Ali and Sujjad Ali. Nayeb Ali died leaving behind his son Nazar Ali who got 2.61 acres as heir and .1166 acres from his son Mohar Ali, i.e., in total 2.72 acres. He died leaving behind his wife Monisa Nessa daughter Helena and plaintiffs 1-4 with 6 sons. Ahmed Ali sold out .0525 acres on 09.04.1996 to plaintiff 5. Nazar Ali during his life time sold some land to Helena and Monisa on 16.09.1989 and further gifted .28 acres to Mirza Ali and Mojibor Rahman through a heba. Shamser Ali sold .07 acres through a kabala dated 04.01.1992 to Mojibor and the latter sold the same to plaintiff 3 on 04.10.1994 and handed over possession thereof. Mojibor further gifted .14 acres to plaintiffs 3 and 4 on 19.01.1991. Shamser Ali sold .105 acres on 05.03.1976 to plaintiff 1 and handed over possession. Helena sold .0975 acres on 22.11.1994 to plaintiff 4. SA khatian was correctly prepared in the name of Nazar Ali. The plaintiffs are in possession of the suit land measuring 1.66 acres. They went to pay rent to the tahshil office on 13.10.1999 but the tahshildar refused to accept it showing reason of preparing record in the name of government. The above record of rights clouded the title of the plaintiffs over the suit land. Hence the suit for declaration that RS record prepared in the name of government is erroneous.

Defendant 2 government contested the suit by filing written statement. They contended that the suit has been filed on false statements, it is bad for defect of parties and not maintainable in the present form. They further stated that CS record was prepared in the name of Tonai Sheikh and others and SA record was prepared in the name of Nayeb Ali and others in respect of khatians 451 and 456. The land of SA khatian 150 was recorded in RS plot 977, 987, 984, 986, 902, 911, 1999, 1022, 1012, 1017, 902 and 903 in the name of the government. The above recent record has been correctly prepared and as such the suit would be dismissed.

The trial Court framed 5 issues to adjudicate the matter in dispute. During trial the plaintiffs examined 4 witnesses and produced their documents as exhibits 1-4 while the defendants government examined 1 but produced no document in support of their claim. However the Assistant Judge, Shreepur, Gazipur by the judgment dated 28.11.2000 decreed the suit declaring plaintiffs’ title in the suit land. The Court further d