IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Zafar Ahmed

Civil Revision No. 2095 of 2019

Monjur Hossain Khan and others

Petitioners

-Versus- Md. Kamrul Hassan and others

Opposite parties Mr. A.B. Roy Chowdhury, Advocate

...For the petitioners

Mr. Ahmed Nowshed Jamil, Advocate

... For the opposite parties

Heard on: 27.10.2024, 01.12.2024 and 09.12.2024 Judgment on: 17.12.2024

Miscellaneous Case No. 39 of 2008 filed by the present petitioners under Order XXI rules 100 and 101 of the Code of Civil Procedure (CPC) for restoration of possession of the property mentioned in the schedule of the application from which the petitioners were evicted on 02.03.2008 through Court in Execution Case No. 05 of 2004 (former 06 of 1981) arising out of Title Suit No. 73 of 1981 was rejected by the learned Joint District Judge, Court No. 1, Chandpur on 05.04.2017. Civil Revision No. 07 of 2017 was also

rejected by the learned District Judge, Chandpur on 17.04.2019. Thereafter, the present petitioners filed the instant revision under Section 115(4) of the CPC. This Court on 01.08.2019 granted leave and issued a Rule.

Opposite party Nos. 1, 2, 4, 7-10, 11(a), 11(b), 12, 14-17 entered appearance in the Rule.

Abdul Jalil became the owner of the property in question through Court. Eyakutenessa, who is the predecessor-in-interest of the present petitioners, was the possessor of the said property. She was dispossessed from the property in an execution case. The core issue in this Rule is whether the possession of the successors-in-interest of Eyakutenessa can be restored. Before addressing the issue, the chequered history of multiple litigations involved in the case is set out below.

T.S. No. 73 of 1981, Execution Case No. 6 of 1981 renumbered as 5 of 2004 and Miscellaneous Case No. 39 of 2008 under Order 21 rules 100 and 101 giving rise to the instant Rule:

Abdul Jalil as sole plaintiff filed T.S. No. 73 of 1981 on 24.03.1981 in the 3rd Court of Sub-Judge, Cumilla for specific performance of contract in respect of the bainanamapatra dated 16.02.1968 entered into with Sukumar Roy impleading Sukumar Roy and the government as defendant. The suit was decreed ex parte on 30.06.1981 (decree signed on 06.07.1981). Thereafter, Execution

Case No. 06 of 1981 subsequently renumbered as 05 of 2004 was filed by the decree holder. In the execution case, Eyakutenessa and members of her family were evicted from the case land on 02.03.2008. Thereafter, she filed Miscellaneous Case No. 39 of 2008 under Order XXI rules 100 and 101. The miscellaneous case and the civil revision were rejected by the Courts below. Thereafter, the legal heirs of Eyakutenessa filed the instant revision.

T.S. No. 278 of 1981:

Eyakutenessa and her brother as plaintiff filed T.S. No. 278 of 1981 in the Court of Sub-Judge, Cumilla impleading Kiranesha and 09 (nine) others as defendant for declaration of title in the suit land and also for setting aside the ex parte judgment and decree passed in T.S. No. 73 of 1981. The suit was dismissed on contest on 31.03.1985. Title Appeal No. 51 of 1985 was also dismissed. Rule issued in Civil Revision No. 194 of 1997 was discharged on 07.01.2009. Civil Petition For Leave To Appeal No. 631 of 2009 was dismissed on 06.12.2009.

T.S. No. 102 of 1987:

Dil Afroj Begum and others (legal heirs of Abdul Jalil) as plaintiff filed T.S. No. 102 of 1987 impleading Eyakutenessa and others as defendant in the Court of 1st Munsif, Chandpur for declaration of title and recovery of khas possession of the suit land. It is stated in the plaint that Abdul Jalil and Sukumar Roy executed a b