IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(Civil Appellate Jurisdiction)

First Miscellaneous Appeal No. 100 of 2017

with

(Civil Rule No. 67 (FM) of 2017)

In the matter of:

Md. Shajahan Bhuiyan and others

… Plaintiffs-Appellants

-Versus-

Sabina Yeasmin and others

…Defendants-Respondents

Ms. Tahmina Polly, Advocate

…For the appellants-petitioners Mr. Md. Zahangir Kabir, Advocate

... For the respondents-opposite parties nos. 1-6

Heard on 22.10.2024 Judgment on 24.10.2024

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Bashir Ullah, J.

Since the point of law and fact figured in the appeal and the rule are intertwined, those have been heard together and are being disposed of by this common judgment.

At the instance of the plaintiffs in Title Suit No. 1100 of 2014, this appeal is directed against the order dated 15.01.2017 passed by the learned Joint District Judge, First Court, Dhaka in the above-mentioned suit rejecting the application for temporary injunction.

At the time of issuance of the Rule, the defendant-respondent- opposite party nos. 1-6 were restrained from dispossessing the plaintiff- appellant-petitioners from the suit land described in the schedule for a

period of 02(two) months, which was subsequently extended from time to time and it was lastly extended on 21.11.2017 till disposal of the Rule.

The salient facts leading to preferring this appeal are:

The present appellants as plaintiffs instituted Title Suit No. 1100 of 2014 before the learned Joint District Judge, First Court, Dhaka for declaration that the plaintiffs are the absolute owners of the scheduled land and the judgment and order dated 22.11.1988, Preliminary Decree dated 29.11.1988 and the final Decree dated 11.1.1992 passed in Title Suit No 321 of 1985 are collusive, fraudulent and not binding upon the plaintiffs.

On the following day of filing the suit on 26.11.2014, plaintiffs also filed an application under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure for temporary injunction restraining the defendants from executing the decree in Execution Case No. 16 of 2000 and demolishing the building situated on the plots and dispossessing the plaintiff therefrom, stating inter alia that one Nazar Mahmood was the CS recorded tenant of the suit land including 15.26 acres of land appertaining to CS plot nos. 1053, 1054, 1057, 1058, 1069, 1071, 1075 under CS khatian No: 313. After demise of Nazar Mahmood his heirs became the owners of the suit land. The heirs sold out and handed over possession of the suit land to various persons. Thus one Md. Asad Ullah became owner of 4.125 decimals of land and sold the same to plaintiff no. 1 by registered deed of sale being No. 6274 dated 20.03. 2007. One Rezaul Karim through his attorney sold 7.0125 decimals of land by

registered deed of sale dated 7.4.94 in favour of plaintiff no 2. One Khaleda Begum on 3.3.2011 by registered deed of sale sold 5.36 decimals of land in favour of plaintiff nos. 3 and 4. Sona Miah, Wakib Miah, Habibullah sons of Nazar