Bench:

Mr. Justice Bhishmadev Chakrabortty And

Mr. Justice Md. Akhtaruzzaman

First Appeal No.468 of 2013

Md. Fazal Haque and others ......appellants

-Versus-

Bhelu Mondol being dead his heirs:-

1(a) Md. Salim Mandol and others ......respondents

Mr. Md. Momin Uddin, Advocate

...... for the appellants

Mr. Md. Ekramul Islam with Mr. Md. Nazimuddin, Advocates for Advocate

Mr. Md. Aminul Haque Helal

...... for the respondents

Judgment on 07.03.2023

Bhishmadev Chakrabortty, J.

This appeal at the instance of contesting defendants is directed against the judgment and decree of the Joint District Judge, Court No.1, Natore passed on 24.09.2013 in Other Class Suit No.04 of 2004 (Partition) decreeing the suit for declaration of title and partition.

The plaint case, in brief, are that Maheruddin Pramanik was the CS recorded tenant of the land described in schedule ‘Ka’ to the plaint. He died leaving behind his wife Saminor Bewa and 4 sons Binod Pramanik, Nimai Pramanik, Moni Pramanik and Jiarat Pramanik and 2 daughters Palabi Bibi and Kariman Bibi who inherited their respective shares and used to possess the land in ejmali. Subsequently, Nimai Pramanik died leaving behind his wife Sukjan

Bewa, 2 sons Nakur Pramanik and Maharam Pramanik and 3 daughters Nurjahan, Karabi and Masiron and they inherited the share of Nimai. Nakur Pramanik died leaving his mother Sukman, a brother Mohram and 3 sisters Nurjahan, Parabi and Masiron who inherited his share and remained in possession. Parabi died leaving behind his mother Chukman and husband plaintiff 1 Delbor Ali and a daughter plaintiff 7. Parabi’s son Delbor died leaving his wife plaintiff 8 and 2 sons plaintiffs 9 and 10 and 5 daughters plaintiffs 11-15 and they inherited the share left by Delbor. Thus the share of Parabi was inherited by plaintiffs 1-15 and Chukman Bibi. Nurjahan Bibi died leaving his 2 sons plaintiffs 19 and 20 and 2 daughters plaintiffs 21 and 22 as heirs. Samiran Bewa died leaving his son Jiarat and a daughter plaintiff 16 Kariman. Jiarat died leaving his 2 sons plaintiffs 17 and 18 as heirs and they started possessing the land in ejmali. Plaintiffs 16-18 became the heirs of Sabiran’s 2 annas share. Plaintiffs 17 and 18 got the land which Jiarat inherited from his parents. Kabiran Bewa also got share from his parents. Chukman Bewa died and his son and daughter plaintiffs 23 and 24 inherited his share. Plaintiffs 19-22, the heirs of Nurjahan and plaintiffs 2-15 the heirs of Parabi inherited their respective shares and started possessing the same in ejmali. Palani Bibi died leaving behind only son Ohiruddin as heir. Ohiruddin died leaving his wife plaintiff 25, 4 sons, plaintiffs 26- 29 and a daughter plaintiff 30 who inherited the respective shares and

remained in possession. Parabi Bibi, Samiran Bewa, Nurjahan Bibi, Sakiman Bewa, Jiarat Pramanik and Palani Bibi’s heirs and Kabiran Bibi are the plaintiffs in this suit. The plaintiffs got the suit land as heirs of Parabi, Nurjahan, Chukman, Jiarat and Kabiran Bewa. In this way the plaintiffs totally got 9 annas 1 gonda 2 Kara 2 Karanti and 2.20 dontis share in schedule-‘Ka’ land and they have been enjoying the same in ejmali. The heirs of Binod Pramanik, Moni Pramanik and Nimai Pramanik have been made defendants in the suit. The heirs of Jinat Ullah son of Binod were made as defendants 6-9. The predecessors of defendants 6(Ka)-6(Chha) transferred .31 acres from plots 530 and 528 of CS Khatian 145 to plaintiff 1. Jinat Ullah further sold .17 acres from plot 117 to the plaintiff 1 through a kabala dated 25.09.1946. The predecessor of defendants 6(Ka)-6(Chha) also sold .175 acres to plaintiff 1 through another kabala dated 10.09.1952. The predecessor of defendants 6(Ka)-6(Chha) and defendant 7 jointly transferred .22 acres to plaintiff 1 by a kabala dated 02.12.1962. In this way plaintiff 1 totally purchased .875 acres. Most of the plaintiffs are the heirs of Maheruddin’s daughter. In the previous record of rights a small par